Elmore v. Galligher
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bill by C. Frank Galligher against Ludlow Elmore, as guardian of minors, and another, to quiet title. From a decree for complainant, appeals were separately taken by the defendants.
Read the full summary
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bill by C. Frank Galligher against Ludlow Elmore, as guardian of minors, and another, to quiet title. From a decree for complainant, appeals were separately taken by the defendants. In 1875 Mary A. Clisby was the owner of a lot in the city of Montgomery, Ala., and died leaving a will which was duly probated; the part material to this case reading: “It is my will that my real estate shall not he sold but shall be kept together until my youngest daughter becomes of age and that it shall then be equally divided between them…
1Opinion of the CourtSomerville, J.
[1] The doctrine of equity courts, that the property rights of unborn contingent remaindermen or executory devisees may be concluded by judicial decree in cases where they are virtually represented by living parties who are before the court, has been recognized and applied by this court.
Where a will gave an undivided interest in land to a- son, with remainder to his surviving children, the decree in a suit for partition against the son and his children then living was held as binding upon children subsequently born, who, it was said, were represented in the partition suit by both the son and…
2Cases cited10 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Gavin v. CurtinIllinois Supreme Court · 1898
- Ridley v. HallidayTennessee Supreme Court · 1901
- Downey v. . SeibNew York Court of Appeals · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ussery v. DarrowSupreme Court of Alabama · 1939
- Britling Cafeteria Co. v. IrwinSupreme Court of Alabama · 1935
- Hamilton v. TolleySupreme Court of Alabama · 1923
- Denson v. Alabama Polytechnic InstituteSupreme Court of Alabama · 1930
- Tolley v. HamiltonSupreme Court of Alabama · 1921
4 more not listed; retrieve them via the Exa API.