Du Bose v. Carlisle
Supreme Court of Alabama
Appeal from the Chancery Court of Perry. Heard before the Hon. A. W. Dillakd. The bill in this cáse was filed by Jobn W. Dn Bose and others, children of Kimbro C. Du Bose and Elizabeth Du Bose, his wife, against Carlisle, Smith & Co., E. K. Carlisle, and others; and sought to establish a trust in favor of the complainants in certain lands, which their father, the said K. C. Du Bose, had bought in his own name, and had afterwards conveyed by deed of trust to W. E. Clarke, as…
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Appeal from the Chancery Court of Perry. Heard before the Hon. A. W. Dillakd. The bill in this cáse was filed by Jobn W. Dn Bose and others, children of Kimbro C. Du Bose and Elizabeth Du Bose, his wife, against Carlisle, Smith & Co., E. K. Carlisle, and others; and sought to establish a trust in favor of the complainants in certain lands, which their father, the said K. C. Du Bose, had bought in his own name, and had afterwards conveyed by deed of trust to W. E. Clarke, as trustee, for the benefit and security of said Carlisle, Smith & Co.; or to have the said deed of trust to Clarke as…
1Opinion of the CourtB. F. Saffold, J.
The bill, filed by the appellants, sought to have specified lands declared subject to a trust in their favor, or to have a certain deed of trust, by which the said lands were conveyed for the benefit of the appellees, as creditors, decreed a general assignment of the grantor, for the benefit of all his creditors. It was dismissed, on the ground that the complainants were neither cestuis que trust of the lands, nor general creditors of the grantor.
The lands, about 970 acres, were bought by Kimbro C. Du Bose, between 1860 and 1852, for himself, the titles being taken in his own name. With the…
2Cases cited4 opinions
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- Rugely v. RobinsonSupreme Court of Alabama · 1846
- Longmire v. Goode & UlrickSupreme Court of Alabama · 1863
- Goldsmith v. StetsonSupreme Court of Alabama · 1857
3Cited by3 opinions
- Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
- Ordway v. WhiteSupreme Court of Alabama · 1885
- Hardenburgh v. BlairNew Jersey Court of Chancery · 1878