Phillipps v. Birmingham Industrial Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Birmingham Industrial Company against Lovick W. Phillips for an accounting. Prom a decree overruling demurrers to the bill, defendant appeals.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Birmingham Industrial Company against Lovick W. Phillips for an accounting. Prom a decree overruling demurrers to the bill, defendant appeals. The facts made by the bill are (1) that the complainant, a corporation, purchased of respondent 850 acres of land in Russell county, Ala., and received a deed oc conveyance to the same; (2) that at the time of said purchase the said Phillips was in the possession of said land through and by his share croppers, who were engaged in the cultivation of miscellaneous crops,…
1Opinion of the CourtSayre, J.
The equity of the bill is to be found in its merits as a bill for an accounting. The bare relation of principal and agent will not give jurisdiction to courts of equity to entertain a bill by the former against *514the latter; hut where the relation partakes of a fiduciary character, and the matters of which an accounting is sought are peculiarly within the knowledge of the agent, a bill for an accounting will be entertained. In Hoisted v. Rabb, 8 Port. 63, the defendant had been employed as clerk or agent to take charge of a mercantile establishment of complaint, who at sundry times-furnished…
2Cases cited8 opinions
- Knotts v. TarverSupreme Court of Alabama · 1845
- Hall v. McKellerSupreme Court of Alabama · 1908
- Crothers v. LeeSupreme Court of Alabama · 1856
- Enslen v. AllenSupreme Court of Alabama · 1909
- Halsted v. RabbSupreme Court of Alabama · 1838
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1920
- Forcheimer v. FosterSupreme Court of Alabama · 1915
- Ingram v. People's Finance Thrift Co. of AlabamaSupreme Court of Alabama · 1933
- State Ex Rel. Cockrum v. SouthernMissouri Court of Appeals · 1935
13 more not listed; retrieve them via the Exa API.