Smith v. Perry
Supreme Court of Alabama
Appeal from, the Chancery Court of Lee. Heard before the Hon. B. B. McCraw. The bill in this case was filed on the 13th March, 1871, by the wife and children of Madison Perry, against John 0. H. Smith, J. H. Swearingen, said Madison Perry, and others; and sought to enforce a trust in a certain tract of land, containing eighty acres, which, as the complainants alleged, was purchased by the said Madison Perry with money held in trust for them, was surrendered by him in his…
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Appeal from, the Chancery Court of Lee. Heard before the Hon. B. B. McCraw. The bill in this case was filed on the 13th March, 1871, by the wife and children of Madison Perry, against John 0. H. Smith, J. H. Swearingen, said Madison Perry, and others; and sought to enforce a trust in a certain tract of land, containing eighty acres, which, as the complainants alleged, was purchased by the said Madison Perry with money held in trust for them, was surrendered by him in his schedule to his assignee in bankruptcy, and was purchased at the assignee’s sale by said Smith and Swearingen; also, to…
1Opinion of the Court
BEICKELL, 0. J.
The bill was filed by the appellees, to enforce a trust on lands, averred to have been purchased by a trustee, with trust funds, and a conveyance of the legal title taken in his own name, not disclosing the trust. The facts, as they are shown by the record, are these: Madison Perry was appointed by the Court of Chancery as the successor of one Boswell, to hold an estate, real and personal, of which the appellees are beneficiaries ; and was authorized to invest any trust moneys in his hands, in the purchase of real estate. Having trust funds, he invested a part of them in the…
2Cases cited5 opinions
- Oliver v. PiattSupreme Court of the United States · 1845
- Cook v. TullisSupreme Court of the United States · 1874
- May v. Le ClaireSupreme Court of the United States · 1871
- Vattier v. HindeSupreme Court of the United States · 1833
- Smith's Heirs v. Branch Bank at MobileSupreme Court of Alabama · 1852
3Cited by15 opinions
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
- Haas v. TaylorSupreme Court of Alabama · 1886
- Mathews v. Mobile Mutual InsuranceSupreme Court of Alabama · 1883
- O'Neal v. PrestwoodSupreme Court of Alabama · 1907
- Hall v. HallSupreme Court of Alabama · 1941
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