Cothran v. McCoy's Heirs
Supreme Court of Alabama
Appeal from the Chancery Court of Cherokee. Heard before the Hon. James B. Clark. This bill was filed by David Cothran, the appellant, against the heirs and administrator of William McCoy, deceased, and sought to establish au implied trust in a certain quarter-section of land, to which the said William McCoy had a pre-emption claim at the time of his death, and which was afterwards entered in his name by his administrator, with money advanced to him for that purpose by said…
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Appeal from the Chancery Court of Cherokee. Heard before the Hon. James B. Clark. This bill was filed by David Cothran, the appellant, against the heirs and administrator of William McCoy, deceased, and sought to establish au implied trust in a certain quarter-section of land, to which the said William McCoy had a pre-emption claim at the time of his death, and which was afterwards entered in his name by his administrator, with money advanced to him for that purpose by said Cothran and one John Lay, who had married a daughter of the intestate. The contract between the parties, under which…
1Opinion of the CourtNice, C. J.
—Erom the statements of the complainant’s bill it appears, that as to the quarter-section of land therein described, William McCoy was entitled to claim the benefit of the pre-emption laws, but died before consummating his claim; that his administrator did not have the money belonging to the estate, with which to enter the said land J that the estate was insolvent; that it was agreed between the administrator, John Lay and the complainant, that complainant should advance one hundred dollars, and said John Lay should advance one hundred dollars, and each should pay the sum so advanced into the…
2Cases cited1 opinion
- Tenison v. MartinSupreme Court of Alabama · 1848
3Cited by8 opinions
- Rust v. GillespieSupreme Court of Oklahoma · 1923
- Matthews v. MatthewsSupreme Court of Alabama · 1973
- Scheible v. BachoSupreme Court of Alabama · 1868
- Ford v. Garner's AdministratorSupreme Court of Alabama · 1873
- Purcell v. LaySupreme Court of Alabama · 1887
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