Moore v. Mitchell
U.S. Circuit Court for the District of Southern Alabama
In equity. Heard for final decree on the pleadings and evidence. The facts were as follows: By the last will and testament of James Mitchell, deceased, late of Sumpter county, Alabama, which was executed on September 29, 1855, the defendant Daniel Mitchell, was made trustee for the complainant, Catharine Moore.
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In equity. Heard for final decree on the pleadings and evidence. The facts were as follows: By the last will and testament of James Mitchell, deceased, late of Sumpter county, Alabama, which was executed on September 29, 1855, the defendant Daniel Mitchell, was made trustee for the complainant, Catharine Moore. There were devised to him in trust for said Catharine two slaves which he was authorized to hire or sell, and he was directed to pay to her during the lifetime of her husband either the hire or the interest, of the money obtained from a sale of the slaves. The defendant was also…
1Opinion of the Court
WOODS, Circuit Judge.
The complainant bases her claim for relief substantially on two grounds: 1. .That the defendant did not keep the trust estate separate from his own, but mingled it with his own money, and thereby made himself the debtor of complainant and liable to pay absolutely the trust money with interest. 2. That the defendant was not justified. in receiving Confederate money worth less than thirty cents on the dollar, and then retaining that without investment until it became entirely worthless.
As to the first ground, it is obvious to remark that the evidence of the defendant…
2Cases cited4 opinions
- Trustees of the Theological Seminary of Auburn v. . KelloggNew York Court of Appeals · 1857
- Spear v. TinkhamNew York Court of Chancery · 1847
- In re StaffordNew York Supreme Court · 1851
- Mitchell v. MooreSupreme Court of the United States · 1877
3Cited by1 opinion
- Lewis Pub. Co. v. WymanCourt of Appeals for the Eighth Circuit · 1910