Legal Opinion

Harton v. Johnston

Supreme Court of Alabama

Decided November 10, 1909PublishedCited by 4 opinions

Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Hugh M. Hartón against R. D. Johnston and others, to enforce and declare a resulting or constructive trust in one-half of the capital stock, income and properties of the Empire Realty Company. ' From a decree for respondents complainants appeal. Appellant was a stockholder in the Ensly Realty Company. — 26 A. & E. Enc. of Law, 825; 95 Wis. 145; Knox v. Ghildersburg L. Go., 86 Ala.

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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Hugh M. Hartón against R. D. Johnston and others, to enforce and declare a resulting or constructive trust in one-half of the capital stock, income and properties of the Empire Realty Company. ' From a decree for respondents complainants appeal. Appellant was a stockholder in the Ensly Realty Company. — 26 A. & E. Enc. of Law, 825; 95 Wis. 145; Knox v. Ghildersburg L. Go., 86 Ala. ISO; 77 Md. 731; 40 Much. 110. The subscription was not in the nature of an advancement or gift to Lula B. Hartón. — Butler v. Merchants…

1Opinion of the CourtMcCLELLAN, J.

Hugh M. Hartón (appellant) filed this bill against R. D. Johnston, E. F. Enslen, *321Lula B. Hartón, Ensley Bealty Company, Ensley Development Company, Jefferson County Savings Bank, and the Empire Bealty Company; the four last noted being corporations. Its theory and purpose is to assert, have declared and enforced, in behalf, alone, and for the sole benefit of Hugh M. Hartón, a resulting or constructive trust in one-half of the capital stock, incomes, and profits of the Empire Realty Company. From the whole bill it readily appears that complainant’s alleged basis for claim to the relief sought,…

2Cases cited4 opinions

  1. McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
  2. Montgomery Traction Co. v. HarmonSupreme Court of Alabama · 1903
  3. Central Land Co. v. SullivanSupreme Court of Alabama · 1907
  4. Jefferson County Savings Bank v. FrancisSupreme Court of Alabama · 1896

3Cited by4 opinions

  1. Brock v. . PoorNew York Court of Appeals · 1915
  2. Empire Realty Co. v. HartonSupreme Court of Alabama · 1911
  3. Buck v. GimonSupreme Court of Alabama · 1918
  4. Davis v. Lime Cola Bottling WorksAlabama Court of Appeals · 1922

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