Shelburne v. Letsinger
Supreme Court of Alabama
Appeal from Chancery Court of Lawrence. Heard before Hon. William Skinner. The point decided sufficiently appears from the opinion. analyzed the testimony, contending that it was vague and uncertain and did not authorize the decree.
Read the full summary
Appeal from Chancery Court of Lawrence. Heard before Hon. William Skinner. The point decided sufficiently appears from the opinion. analyzed the testimony, contending that it was vague and uncertain and did not authorize the decree. He cited numerous authorities to the effect that the proof must be most convincing to authorize a court to set up and enforce such an agreement; among them the following: 20 Ala. 753; 18 Ala. 353; 21 Ala. 103; Story’s Equity, § 764; Bullard & Tiffany on Trusts, 15; Washburn Real Estate, 91.
1Opinion of the CourtJudge, J.
The bill in this case was filed by the appellee to foreclose an equitable mortgage on personal property claimed to have been created by a verbal agreement made between the complainant and Thomas R. Shelburne in his lifetime. The chancellor decreed the relief prayed and ordered a sale of the property.
It is well settled that an equitable mortgage of personal property may be created by a verbal agreement; and that such an agreement, when made on a valuable consideration, will be enforced in a court of eqffity. Morrow v. Turney's Adm'r, 35 Ala. 131; Brooks v. Ruff, 37 Ala. 371.
*97And it is equally…
2Cases cited4 opinions
- Aday v. EcholsSupreme Court of Alabama · 1850
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
- Hatton v. LandmanSupreme Court of Alabama · 1856
- Brooks v. RuffSupreme Court of Alabama · 1861
3Cited by2 opinions
- Williams v. DavisSupreme Court of Alabama · 1908
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908