McCall v. Rogers
Supreme Court of Alabama
Bill in Equity for Injunction of Sale under Mortgage, an Account, and Redemption; Cross-Bill for Reformation and Foreclosure. Appeal from the Chancery Court of Bullock. Heard before the Hon. John A. Foster.
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Bill in Equity for Injunction of Sale under Mortgage, an Account, and Redemption; Cross-Bill for Reformation and Foreclosure. Appeal from the Chancery Court of Bullock. Heard before the Hon. John A. Foster. The original bill in this case was filed on the 20th July, 1882, by Mrs. Serena McCall, .against James B. Bogers and others ; and sought, principally, to enjoin a sale of property under two mortgages, which had been executed to said Bogers by the complainant and her son, H. G. McCall, who was made a defendant to the bill, and also for an account, and for relief on the ground of usury.…
1Opinion of the CourtSomerville, J.
Trust funds can be followed into the hands of a third person, so long as they can be satisfactorily traced and identified, although such person may have taken the title to the property, in which such funds are invested, in his own name. — Parker v. Jones, 67 Ala. 234 ; 2 Perry on Trusts, §§ 828; Whaley v. Whaley, 71 Ala. 159. But, to induce courts of equity to establish a trust of this nature, not only is it required that the facts, from which the trust originates, should be averred with distincness and precision, but they must be proved by “ clear, full, and convincing evidence.” — Mobile…
2Cases cited8 opinions
- Lehman v. LewisSupreme Court of Alabama · 1878
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Rogers v. AdamsSupreme Court of Alabama · 1880
- Whaley v. WhaleySupreme Court of Alabama · 1881
- Carlisle v. HillSupreme Court of Alabama · 1849
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Bailey v. BlockTexas Supreme Court · 1911
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Lewis v. HickmanSupreme Court of Alabama · 1917
- Meyer Bros. v. CookSupreme Court of Alabama · 1888
- Babcock v. CollisonSupreme Court of Oklahoma · 1918
19 more not listed; retrieve them via the Exa API.