Penny v. Jackson
Supreme Court of Alabama
Appeal from tbe Chancery Court of Madison. Heard before tbe Hon. Thomas Cobbs. Tbe bill in- this case was filed on tbe 5tb February, 1887, by Mrs. Sallie S. Penny and ber husband, against Mrs. Fannie P. Jackson and her husband, and Annie D. Schoenberger, an infant residing witb Mrs. Jackson; and sought to enforce a constructive trust, in favor of Mrs. Penny and said infant, in certain homestead lands, wbicb bad been sold under a decree in chancery in favor of Mrs. Jackson,…
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Appeal from tbe Chancery Court of Madison. Heard before tbe Hon. Thomas Cobbs. Tbe bill in- this case was filed on tbe 5tb February, 1887, by Mrs. Sallie S. Penny and ber husband, against Mrs. Fannie P. Jackson and her husband, and Annie D. Schoenberger, an infant residing witb Mrs. Jackson; and sought to enforce a constructive trust, in favor of Mrs. Penny and said infant, in certain homestead lands, wbicb bad been sold under a decree in chancery in favor of Mrs. Jackson, tben tbe widow of George Scboenberger, deceased, and bought by her at the register’s sale; also, to hold her accountable…
1Opinion of the CourtOlopton, J.
— We do not construe the bill as seeking to impeach and set aside for fraud the decrees rendered in the chancery suit brought by the appellee, Fannie D. Jackson, as executrix of the will of George Schoenberger; nor as seeking to vacate the sale made under the decrees. The manifest purpose of the bill is to raise a constructive trust, on the ground that Mrs. Jackson purchased the real estate in her character of executrix, and for the benefit of the estate of the testator. Its equity is rested on the general doctrine, that a party who is charged with a duty in regard to property, which is…
2Cases cited4 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Brannan v. OliverSupreme Court of Alabama · 1829
- Harrison v. MockSupreme Court of Alabama · 1846
- Chardavoyne v. LynchSupreme Court of Alabama · 1886
3Cited by8 opinions
- McClinton v. ChapinSupreme Court of Florida · 1907
- Meeks v. MillerSupreme Court of Alabama · 1926
- McDonnell & Co. v. FinchSupreme Court of Alabama · 1901
- Galin v. JohnsonSupreme Court of Alabama · 1984
- Craig v. CraigSupreme Court of Alabama · 1979
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