Webb v. Crawford
Supreme Court of Alabama
Bill in Equity to enforce Trust in Lands, in nature of Bill ' for Specific Performance by Purchaser. Appeal from the Chancery Court of Dallas. Heard before the lion. John A. Foster.
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Bill in Equity to enforce Trust in Lands, in nature of Bill ' for Specific Performance by Purchaser. Appeal from the Chancery Court of Dallas. Heard before the lion. John A. Foster. The bill in this ease was filed on the 28th August, 1882, by John C. Webb, as the administrator of the estate of Mrs. Amanda A. Sterling, deceased, together with her four sons, against Robert C. Crawford and D. S. Troy ; and sought a decree devesting the legal title to a certain tract of land out of the defendants, and vesting the same in the complainants. The complainants claimed the lands as devisees under the…
1Opinion of the CourtStone, C. J.
The legal title to the land which is the subject of. this suit, was 'in Robert W. Smith. No attempt is made to trace it further back, nor to show that he held' otherwise than in his individual right. He and his wife conveyed the lands by deed to C. W. Butt, in express trust to hold for Charles Walshe and for him, Smith. The deed charges the trustee with no duties. The effect of this, it is conceded, is to vest the legal title in- Walshe & Smith, disrobed of the attempt to create a trust. — Code of 1876, §’ 2185 ; Mason v. Pate, 34 Ala. 379. Neither the title papers nor the pleadings show that…
2Cases cited14 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Banks v. OgdenSupreme Court of the United States · 1865
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Mason v. Pate'sSupreme Court of Alabama · 1859
- McKinley v. IrvineSupreme Court of Alabama · 1848
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gindrat v. Western RailwaySupreme Court of Alabama · 1892
- Dinkins v. LathamSupreme Court of Alabama · 1918
- Moog v. BarrowSupreme Court of Alabama · 1893
- Loeb v. McCulloughSupreme Court of Alabama · 1885
- Thompson v. RichardsonSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.