Kelly v. Karsner
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. N. S. GeaiiaM. The bill in this case was filed on the 10th January, 1881, by Joseph B. Kelly and Fleming J. Kelly, sons of Russell J. Kelly, deceased, against Mrs. Eliza J. Karsner, who was their sister, George W. Karsner, her husband, and Mrs. Keziali "W. Kelly, who was the widow of said Russell J. Kelly; and sought to enforce an alleged trust in a tract of land, for the equal benefit of the complainants and…
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Appeal from the Chancery Court of Madison. Heard before the Hon. N. S. GeaiiaM. The bill in this case was filed on the 10th January, 1881, by Joseph B. Kelly and Fleming J. Kelly, sons of Russell J. Kelly, deceased, against Mrs. Eliza J. Karsner, who was their sister, George W. Karsner, her husband, and Mrs. Keziali "W. Kelly, who was the widow of said Russell J. Kelly; and sought to enforce an alleged trust in a tract of land, for the equal benefit of the complainants and Mrs. Karsner, and to have the land sold for partition among them, subject to an admitted charge or lien in favor of the…
1Opinion of the CourtStone, J.
-The present bill was filed by Joseph B. and Fleming J. Kelly, against Eliza J. Karsner, their sister. All the parties, complainants and defendant, are children of Bus-sell J. Kelly, deceased. The purpose of the bill is to have a trust declared, and to obtain partition of the lands described in the bill. It is not disputed that, up to 1866, the title to the lands was in Busssll J. Kelly. At that time, he conveyed the lands, upon a recited valuable consideration, to his wife, Keziah W. Kelly, to her sole and separate use. The title remained in her until 1874, when Bussell J. and his wife,…
2Cases cited3 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- King v. KingSupreme Court of Alabama · 1878
- Hatton v. LandmanSupreme Court of Alabama · 1856
3Cited by9 opinions
- Brock v. BrockSupreme Court of Alabama · 1890
- Glover v. WalkerSupreme Court of Alabama · 1894
- Richmond v. BlochOregon Supreme Court · 1900
- McDonald v. HookerSupreme Court of Arkansas · 1893
- Houston v. FarrisSupreme Court of Alabama · 1890
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