Rowland v. Logan
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the thirty-ninth district. ' This bill is filed by Logan as the executor of T. A. Powell, (who died in Georgia, and there the letters testamentary were granted,) against Rowland and one Hague and his wife Mildred. The case made by it is this: On the 26th Dec’r, 1840, Powell loaned Rowland $2500, for which the latter executed his note to Mildred Hague,who then was the wife of John Hague.
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Writ of Error to the Court of Chancery for the thirty-ninth district. ' This bill is filed by Logan as the executor of T. A. Powell, (who died in Georgia, and there the letters testamentary were granted,) against Rowland and one Hague and his wife Mildred. The case made by it is this: On the 26th Dec’r, 1840, Powell loaned Rowland $2500, for which the latter executed his note to Mildred Hague,who then was the wife of John Hague. The note was delivered to Mrs. Hague in trust for Powell, was his property, and so acknowledged and received by Mrs. Hague, It was after-wards delivered to Powell by…
1Opinion of the CourtGoldthwaite, J.
This cause, on the question of jurisdiction, seems quite clear against the complainant. The *667mere circumstance that a trust has been created, does not invest courts of equity with jurisdiction over suits in relation to the trust property. It is only when the dispute is with reference to the administration of the trust as between the cestui que trust and trustee, or those in collusion with him, that the courts of law are evoked. [9 Ala. Rep. 351.] It is not asserted or pretended by the will that either Mrs. or Mr. Hague interpose any impediment in the use, by the cestui que trust, of their…
2Cases cited1 opinion
- Colburn v. BroughtonSupreme Court of Alabama · 1846
3Cited by1 opinion
- Smith v. SmithSupreme Court of Alabama · 1871