Rivers v. Durr
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before Hon. John Elliott. The appellant sued to recover from the appellee a lot of land in the city of Montgomery. In 1858, she being then a minor, filed her bill by her next friend in the chancery court, alleging the following facts.
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Appeal from the Circuit Court of Montgomery. Tried before Hon. John Elliott. The appellant sued to recover from the appellee a lot of land in the city of Montgomery. In 1858, she being then a minor, filed her bill by her next friend in the chancery court, alleging the following facts. Her father and mother, after their marriage, in pursuance of an ante-nuptial agreement between them, conveyed this property to a trustee for the sole, separate, and exclusive use and benefit of her mother, it being her’s before the marriage. Her mother had died, leaving three children, including the complainant,…
1Opinion of the CourtB. E. Saeeold, J.
The jurisdiction of the chancery court to sell land for division is not so much involved in this case as the question, whether the court, in the exercise of its guardianship over the person and property of minors, has authority to sell the real estate of the minor. Of this latter there can be no doubt.
In Ex parte Philips, 19 Vesey, 117, Lord Eldon said, “In the case of the infant it is settled, that as a trustee out of court cannot change the nature of the property, s© the court, which is only a trustee, must act as the trustee out *422of court; and finding that a change will be for the benefit…
2Cited by14 opinions
- Hale v. HaleIllinois Supreme Court · 1893
- Goodman v. WinterSupreme Court of Alabama · 1879
- In Matter of BadgerSupreme Court of Missouri · 1920
- Lassiter v. WilsonSupreme Court of Alabama · 1922
- McCreary v. BillingSupreme Court of Alabama · 1912
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