Simmons v. Richardson
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. James T. Jones. This was a statutory action of ejectment, instituted on June 5, 1893, by the appellant, Sallie J. Simmons, against the appellee, William Richardson, to recover certain specifically described lands. Issue was joined upon the plea of the general issue. The plaintiff claims under a voluntary deed, executed by her husband to her on February 28, 1883. She introduced this deed and rested.
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Appeal from the Circuit Court of Marengo. Tried before the Hon. James T. Jones. This was a statutory action of ejectment, instituted on June 5, 1893, by the appellant, Sallie J. Simmons, against the appellee, William Richardson, to recover certain specifically described lands. Issue was joined upon the plea of the general issue. The plaintiff claims under a voluntary deed, executed by her husband to her on February 28, 1883. She introduced this deed and rested. The deed was made by the husband to Thos. J. Foster, as trustee, with directions to ‘ ‘apply all the rents, proceeds, issues and…
1Opinion of the CourtHaralson, J.
The conveyance under which the plaintiff claims title, was a deed of gift to a trustee for her and her daughter and any after born child or children, executed by her husband, L. L. Simmons, on the 28th of February, 1883. The conveyance was made to Thos. J. Poster, as trustee. He is not a mere naked trustee under the deed, as is contended by counsel for appellant, but he was an active trustee, charged with duties to perform, in reference to the property. It is provided in the deed, that he shall apply all the rents, proceeds, issues and profits of the property to the sole use, benefit and…
2Cases cited1 opinion
- Scharf v. MooreSupreme Court of Alabama · 1893
3Cited by4 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Guild v. AllenSupreme Court of Rhode Island · 1907
- Cherry v. RichardsonSupreme Court of Alabama · 1897
- Harrison v. AlexanderSupreme Court of Alabama · 1902