Legal Opinion

Bailey v. Irwin

Supreme Court of Alabama

Decided December 15, 1882PublishedCited by 10 opinions

Appeai, from the Chancery Court of Madison. Heard before the Hon. H. C. Speake, as special referee, under the statute approved February 23d, 1881. — Session Acts 1880-81, p. 66. The bill in this case was filed on the 25th February, 1878, by Helen H. Bailey, an infant, who sued by her next friend, against ‘William C. Irwin, who was her maternal grandfather, • Samuel A. Bailey, her father, and several other persons; and sought to establish and enforce an alleged trust in a…

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Appeai, from the Chancery Court of Madison. Heard before the Hon. H. C. Speake, as special referee, under the statute approved February 23d, 1881. — Session Acts 1880-81, p. 66. The bill in this case was filed on the 25th February, 1878, by Helen H. Bailey, an infant, who sued by her next friend, against ‘William C. Irwin, who was her maternal grandfather, • Samuel A. Bailey, her father, and several other persons; and sought to establish and enforce an alleged trust in a tract of land, the title to which the said Irwin had taken in his own name, and to certain personal property in his…

1Opinion of the Court

BRICKELL, O. J.

Whether the agreement the bill seeks to enforce, so far as it concerns lands, is not offensive to the statute (Code of 1876, § 2199) prohibiting the creation of trusts-in lands otherwise than by writing, is not a question now presented'. The statue is a substantial re-enactment of the seventh and eight sections of the English statute of frauds, though differing in phraseology, and has the same purpose, — the requisition of written evidence of trusts concerning lands, and the prohibition of the enforcement of such trusts resting merely in parol, when they arise from the…

2Cases cited3 opinions

  1. Patton v. BeecherSupreme Court of Alabama · 1878
  2. Patterson v. WareSupreme Court of Alabama · 1846
  3. Slocum v. MarshallU.S. Circuit Court for the District of Pennsylvania · 1809

3Cited by10 opinions

  1. Shakespeare v. AlbaSupreme Court of Alabama · 1884
  2. Trubey v. PeaseIllinois Supreme Court · 1909
  3. Sloss v. GlazeSupreme Court of Alabama · 1935
  4. Spruiell v. STANDFORDSupreme Court of Alabama · 1952
  5. Sanders v. SteeleSupreme Court of Alabama · 1899

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