Yonge v. Hooper
Supreme Court of Alabama
Appeal from Lee Chancery Court. Heard before Hon.' N. S. Graham. The bill in this cause was filed on 25th July, 1881, by Mary A. Yonge against George L>. and George W. Hooper, having for its main purpose the vacation and annulment of a decree ■rendered by the Chancery Court of Lee county on 11th June, 1875, foreclosing a mortgage on land, the equitable estate of Mrs. Yonge, on a bill filed against her by the said George D. and George W. Hooper; and of a sale of the land…
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Appeal from Lee Chancery Court. Heard before Hon.' N. S. Graham. The bill in this cause was filed on 25th July, 1881, by Mary A. Yonge against George L>. and George W. Hooper, having for its main purpose the vacation and annulment of a decree ■rendered by the Chancery Court of Lee county on 11th June, 1875, foreclosing a mortgage on land, the equitable estate of Mrs. Yonge, on a bill filed against her by the said George D. and George W. Hooper; and of a sale of the land under said decree. A copy of the record in tlie foreclosure suit is made an exhibit to the bill as amended; and from this…
1Opinion of the CourtStone, J.
— The decree of dismissal, in this case, ivas rendered in vacation, is absolute in its terms, and reserves to the appellant no right of amendment. For this re'ason it must be reversed. — Kingsbury v. Milner, 69 Ala. 502; Bishop v. Wood, 59 Ala, 253.
Attorney and client sustain to each other the severe relation of trustee and cestui qua trust, and their dealings together are subject to the same intendments and imputations, as those which obtain between other trustees and their beneficiaries. When a conveyance is made by the beneficiary to the trustee, or a judgment confessed by the former to…
2Cases cited9 opinions
- Waddell v. LanierSupreme Court of Alabama · 1878
- Ferguson v. LowerySupreme Court of Alabama · 1875
- Goetter, Weil & Co. v. PickettSupreme Court of Alabama · 1878
- Merritt v. LambertNew York Court of Chancery · 1843
- Thompson v. LeeSupreme Court of Alabama · 1857
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3Cited by6 opinions
- Noble's Adm'r v. Moses Bros.Supreme Court of Alabama · 1886
- Kidd v. WilliamsSupreme Court of Alabama · 1901
- Stone v. Gulf American Fire and Cas. Co.Supreme Court of Alabama · 1989
- Billing v. GilmerCourt of Appeals for the Fifth Circuit · 1894
- Kenneth R. Borries v. Malcolm Murphy a/k/a A. Malcolm MurphyMississippi Supreme Court · 2021
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