Alston v. Marshall
Supreme Court of Alabama
Appeal from tlie Chancery Court of Barbour. Heard before the Hon. Jere N. Williams. The bill in this case was filed by the appellants, Robert N. Alston and others, against E. C. Marshall and others, the appellees; and prayed for an injunction of the sale of certain lands which were conveyed in a mortgage to the respondent, E. C. Marshall, and for the establishment of a trust in said lands in favor of the complainants.
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Appeal from tlie Chancery Court of Barbour. Heard before the Hon. Jere N. Williams. The bill in this case was filed by the appellants, Robert N. Alston and others, against E. C. Marshall and others, the appellees; and prayed for an injunction of the sale of certain lands which were conveyed in a mortgage to the respondent, E. C. Marshall, and for the establishment of a trust in said lands in favor of the complainants. The facts of the case are sufficiently stated in the opinion. Upon the submission of the cause on the pleadings and proof, the chancellor decreed that the complainants were not…
1Opinion of the CourtColeman, J.
Several questions have been argued by counsel in this case which we deem unnecessary to consider, in arriving at .a proper conclusion. The bill avers that about eight hundred dollars of complainants’ money, in the hands of their father and held bjr him in trust, was invested by him in a certain tract of land, the title to which was taken in his name. Subsequently he executed a mortgage on the land to the respondent, E. C. Marshall, to secure a loan of money. The bill avers, that before the execution of the mortgage, the respondent, E. O. Marshall, had notice of the equitable claim of…
2Cases cited5 opinions
- Wells v. MorrowSupreme Court of Alabama · 1861
- Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
- Meyer Bros. v. CookSupreme Court of Alabama · 1888
- Alexander v. CaldwellSupreme Court of Alabama · 1876
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1881
3Cited by7 opinions
- Kibbe v. ScholesSupreme Court of Alabama · 1929
- Morris v. Bank of AttallaSupreme Court of Alabama · 1907
- Starr Piano Co. v. BakerAlabama Court of Appeals · 1913
- Williams v. StateSupreme Court of Alabama · 1927
- Horton v. Wright, Barrett, & Stillwell Co.North Dakota Supreme Court · 1917
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