Yniestra v. Tarleton
Supreme Court of Alabama
Bill in Equity to Establish and Enforce, Implied Trust. Appeal from Mobile Chancery Court. Heard before Hon. John A. Foster. ' This was a bill filed by Louisa Yniestra, on' January 15, 1880, against Robert Tarleton and others, who were the heirs and devisees of Geo. W. Tarleton, deceased.
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Bill in Equity to Establish and Enforce, Implied Trust. Appeal from Mobile Chancery Court. Heard before Hon. John A. Foster. ' This was a bill filed by Louisa Yniestra, on' January 15, 1880, against Robert Tarleton and others, who were the heirs and devisees of Geo. W. Tarleton, deceased. The complainant alleged that she was married to B. E. Yniestra in Nov. 1857; that before her marriage she was seized and possessed of a lot of land in the city of Mobile, which is described in the bill, and on which there was a brick store-house ; that she had derived this property from the estate of her…
1Opinion of the CourtSomeryille, J.
— The pleadings, and ruling of the Chancellor on the demurrer to the bill in this case, raise the question, as to whether or not allegations of fraud, or fraudulent concealment,' of a cause of action, averred in the bill, can operate to take the action out of the statute of non-claim. This inquiry has never before been decided by this court.
It is argued by appellant’s counsel, that, under the provisions of section 3242 of the Code of 1876, the action can be brought at any time within one year from the discovery by the aggrieved party of the facts constituting the fraud, and that the bill in…
2Cases cited4 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- McDowell v. JonesSupreme Court of Alabama · 1877
- Halfman's v. Ellison & SonsSupreme Court of Alabama · 1874
- Branch Bank at Decatur v. DonelsonSupreme Court of Alabama · 1848
3Cited by22 opinions
- Esslinger v. SpraginsSupreme Court of Alabama · 1938
- Pollard v. United StatesDistrict Court, M.D. Alabama · 1974
- McKneely v. TerrySupreme Court of Arkansas · 1896
- Moore v. StephensSupreme Court of Alabama · 1956
- Ivory v. FitzpatrickSupreme Court of Alabama · 1984
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