Smith v. Conner
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before tbe Hon. H. C. Speake.- The bill in this case was filed on the 17th February, 1877, by the children of William H. Moore, and Thomas IJ.
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Appeal from the Chancery Court of Madison. Heard before tbe Hon. H. C. Speake.- The bill in this case was filed on the 17th February, 1877, by the children of William H. Moore, and Thomas IJ. Conner, who had married the eldest daughter, was joined with his wife as a party; against Elon G. Smith, Eobert H. Her-stein, Maurice Bernstein, and others; and sought particularly a redemption of certain real estate, consisting, of a block of stores in Huntsville (with other property), which was in the possession of said Herstein and Bernstein, wbo claimed under purchases at a mortgage sale and under a…
1Opinion of the CourtStone, J.
— The case made by the present bill somewhat resembles that presented in Cain v. Gimon, 36 Ala. 168. There are differences. In that case, Lassabe, the trustee, sold under the power contained in the trust deed, and Gimon, the beneficiary, became in fact the purchaser, through Conche and Parker, who conveyed by successive quit-claim deeds to him, Gimon. The title under the trust sale had thus vested in Gimon, the beneficiary under the trust deed, or mortgage, and remained in him. The changes of title through Conche and Parker to Gimon were colorable, no money in fact passing in either of the…
2Cases cited11 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Childress v. MonetteSupreme Court of Alabama · 1875
- Rogers v. TorbutSupreme Court of Alabama · 1877
- Hunt v. AcreSupreme Court of Alabama · 1856
- Cain v. GimonSupreme Court of Alabama · 1860
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Coburn v. CokeSupreme Court of Alabama · 1915
- Conner & Wife v. SmithSupreme Court of Alabama · 1889
- Garland v. WatsonSupreme Court of Alabama · 1883
- Kelly v. LongshoreSupreme Court of Alabama · 1884
8 more not listed; retrieve them via the Exa API.