Gindrat v. Montgomery Gas-Light Co.
Supreme Court of Alabama
Appeal fr.om tlie Circuit Court of Montgomery. Tried before the Hon. John P. Hubbabd. This action was brought by John H. Gindrat and others, children and heirs at law of Abram Gmdrat, deceased, against the Montgomery Gas-Light Company, a domestic corporation, to recover an undivided one-half interest in certain lots in the city of Montgomery, on which the defendant’s gas-works were erected; and was commenced on the 21st August, 1885. The defendant pleaded not guilty, and the…
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Appeal fr.om tlie Circuit Court of Montgomery. Tried before the Hon. John P. Hubbabd. This action was brought by John H. Gindrat and others, children and heirs at law of Abram Gmdrat, deceased, against the Montgomery Gas-Light Company, a domestic corporation, to recover an undivided one-half interest in certain lots in the city of Montgomery, on which the defendant’s gas-works were erected; and was commenced on the 21st August, 1885. The defendant pleaded not guilty, and the statutes of limitation of ten and twenty years; and the. cause was tried on issue joined on these pleas. The lots sued…
1Opinion of the CourtSomebyille, J.
The first question we consider, as the one of controlling importance, is, whether there has been a valid and sufficient execution of the power of sale conferred on John H. Gindrat, as trustee under the deed of trust executed by John Nickels on July 17th, 1845. If so, this would cut off the interest of the plaintiffs, as remainder-men under the provisions of that instrument,' and be fatal to their right of recovery in this action.
This deed is made in trust upon a recited valuable-consideration, moving from the trustee to the grantor, (1) “for the sole and separate use, benefit and behoof of…
2Cases cited10 opinions
- Crane v. Lessee of MorrisSupreme Court of the United States · 1832
- Funk v. EgglestonIllinois Supreme Court · 1879
- Matthews v. McDadeSupreme Court of Alabama · 1882
- Foos v. ScarfCourt of Appeals of Maryland · 1881
- South v. SouthIndiana Supreme Court · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Robinson v. PierceSupreme Court of Alabama · 1897
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Morffew v. S.F. & San Rafael R.R.California Supreme Court · 1895
- Gindrat v. Western RailwaySupreme Court of Alabama · 1892
- Seeberg v. NorvilleSupreme Court of Alabama · 1920
11 more not listed; retrieve them via the Exa API.