R. Bishop's Heirs v. Adm'r & Heirs of S. Bishop
Supreme Court of Alabama
Writ of Error to the Chancery Court of Autauga. Before the Hon. W. W. Mason, Chancellor. The bill alledges, that Reuben Bishop, the father of complainants, Phebe Ann, Patience, Alfred, James, Abraham and •Mary, on the 25th day of September, 1825, in the county of |Gr,een.e, and.State of Georgia, conveyed to James W. Fannin certain slaves, with their increase, upon the express agreement and understanding, made by said Reuben Bishop and said Fannin, that he, the said Fannin,…
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Writ of Error to the Chancery Court of Autauga. Before the Hon. W. W. Mason, Chancellor. The bill alledges, that Reuben Bishop, the father of complainants, Phebe Ann, Patience, Alfred, James, Abraham and •Mary, on the 25th day of September, 1825, in the county of |Gr,een.e, and.State of Georgia, conveyed to James W. Fannin certain slaves, with their increase, upon the express agreement and understanding, made by said Reuben Bishop and said Fannin, that he, the said Fannin, would convey said slaves to the State of Alabama, and deposite them with Stephen Bishop, the brother of Reuben Bishop, to…
1Opinion of the CourtDargan, J.
It is too well settled by the decisions of this court, now to admit of doubt, that though a deed, or bill of sale be absolute on its face, parol proof may be received to show, that it was intended as a mortgage, or that it was executed and delivered upon certain trusts, not reduced to writing, but existing in parol, and which the grantee, or donee promised to perform; and these trusts may be shown by parol proof, and a court of equity will decree their execution.
In the case of Kennedy’s Heirs v. Kennedy’s Heirs, 2 Ala. Rep. 589, this court said, that parol proof may be received to show, that…
2Cases cited1 opinion
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
3Cited by16 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Peeples v. StollaSupreme Court of Alabama · 1876
- Parish v. GatesSupreme Court of Alabama · 1856
- Reeves v. AbercrombieSupreme Court of Alabama · 1895
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