Baird v. Howison
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by William Baird against Allen P. Howison and others to enforce trusts. From a decree for respondents, complainant appeals. Baird filed his bill against Allen P. Howison, E. J. Smyer, W. W. Lavender, F. M. Jackson, and the Brae-head Coal Company for the enforcement of trusts, etc.
Read the full summary
Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by William Baird against Allen P. Howison and others to enforce trusts. From a decree for respondents, complainant appeals. Baird filed his bill against Allen P. Howison, E. J. Smyer, W. W. Lavender, F. M. Jackson, and the Brae-head Coal Company for the enforcement of trusts, etc. The bill avers the following facts substantially: That Baird was an experienced coal miner, and that he and Howison entered into an agreement to locate and open a coal mine, upon the condition that Baird should prospect for and locate…
1Opinion of the CourtAnderson, J.
Regardless of the status of the parties prior to the execution of the transfer dated December 15, 1.899, the complainant by said transfer recognized the property as belonging to Howison, and thereby released all claim or interest that he may have had in same, and must therefore rely upon the letter exhibited to him by Lavender, when he excuted the transfer, for the purpose of fixing any claim or trust upon the property in his favor. The letter was contemporaneous with the transfer, and the two documents formed but parts of the same transaction; and, conceding that the letter created a trust…
2Cases cited14 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Coppell v. HallSupreme Court of the United States · 1869
- Clemens v. ClemensWisconsin Supreme Court · 1871
- Barnes v. StarrSupreme Court of Connecticut · 1894
- Jones & Co. v. PeeblesSupreme Court of Alabama · 1900
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Gest v. GestSupreme Court of Connecticut · 1933
- Harton v. LittleSupreme Court of Alabama · 1914
- Busch v. BakerSupreme Court of Florida · 1920
- Weaver v. PoolSupreme Court of Alabama · 1947
- Perkins v. PerkinsSupreme Court of Alabama · 1921
19 more not listed; retrieve them via the Exa API.