Smith v. Lusk
Supreme Court of Alabama
Appeal from Marshall Chancery Court.' Tried before Hon. Wm. H. Simpson. John A Lusk and Robert N. Bell filed their bill against appellants, two of whom were minors, to divest . the legal title to certain lands out of defendants, invest same in complainants, and to foreclose a mortgage of which complainants were assignees. Complainants applied for the appointment of a receiver, and this appeal is taken from the decree of the chancellor appointing a receiver.
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Appeal from Marshall Chancery Court.' Tried before Hon. Wm. H. Simpson. John A Lusk and Robert N. Bell filed their bill against appellants, two of whom were minors, to divest . the legal title to certain lands out of defendants, invest same in complainants, and to foreclose a mortgage of which complainants were assignees. Complainants applied for the appointment of a receiver, and this appeal is taken from the decree of the chancellor appointing a receiver. The facts are sufficiently stated in the opinion. This is not a case for the foreclosure of a mortgage and the principles laid down in…
1Opinion of the CourtMcCLELLAN, J.
The theory of the bill in this case, which is prosecuted by John A. Lusk and Robert N. Bell against Seaborn T. Smith and others, is that Smith had, *396not the legal title, but a perfect equity in and to all the land in controversy prior to and on April 1st, 1895; that on that day he conveyed to a trustee for the benefit of • his creditors the northeast .quarter of the northwest quarter and the one-third undivided interest in the northwest quarter of the northeast quarter of section 36, township 8, range 2 east, that these lands were sold by said trustee in the execution of the trust, and…
2Cases cited9 opinions
- Woodstock Iron Co. v. FullenwiderSupreme Court of Alabama · 1888
- Bland v. BowieSupreme Court of Alabama · 1875
- Robertson v. BradfordSupreme Court of Alabama · 1882
- Ward v. WardSupreme Court of Alabama · 1895
- Bell v. CraigSupreme Court of Alabama · 1875
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