Small v. Hockinsmith
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Bill by Mary L. Hoekinsmitli and others against William H. Small, individually and as administrattor of Sarah M. Cooner, deceased, and others. From a decree overruling demurrers to the bill and adjudging pleas thereto insufficient, defendants appeal. The trust sought to be established is a constructive trust. — 3 Pom.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Bill by Mary L. Hoekinsmitli and others against William H. Small, individually and as administrattor of Sarah M. Cooner, deceased, and others. From a decree overruling demurrers to the bill and adjudging pleas thereto insufficient, defendants appeal. The trust sought to be established is a constructive trust. — 3 Pom. Eq. sec. 1049; Nettles v. Nettles, 67 Ala. 599. Under the allegations of the bill, the complainant has three distinct remedies. 1st, to hold Mrs. Cooner or her estate liable as for a conversion. 2nd, to follow the…
1Opinion of the Court
■ McCLELUAN, J..
R. H. Cooner by his last will and testament created -in his. estate a life estate in his surviving widow,- and remainder, in Mary L. Hockinsmith and Mary E. Le.Sage, subject to divestiture by the death, pending the life estate, of one of such remaindermen -without issue, and the investiture, under, .that condition, of the remainder, in the survivor of such re: maindermen. The life tenant, Mrs. C'ooner, in 1889 became, it appears, the grantee of all the interest of Mary *237E. LeSage, in the estate of B. H. Cooner. In order that any interest of Mary E. Le Sage should have passed to…
2Cases cited6 opinions
- May v. Le ClaireSupreme Court of the United States · 1871
- Haney v. LeggSupreme Court of Alabama · 1900
- Tilford v. Torrey & LockwoodSupreme Court of Alabama · 1875
- Gindrat v. Western RailwaySupreme Court of Alabama · 1892
- Thames v. HerbertSupreme Court of Alabama · 1878
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3Cited by5 opinions
- Irvin v. IrvinSupreme Court of Alabama · 1922
- Coleman v. ColemanSupreme Court of Alabama · 1911
- Hall v. HallSupreme Court of Alabama · 1941
- Zimmern v. People's BankSupreme Court of Alabama · 1919
- Upchurch v. GoodroeSupreme Court of Alabama · 1942