Legal Opinion

You v. Flinn

Supreme Court of Alabama

Decided June 15, 1859PublishedCited by 41 opinions

Appeal from the Circuit Court of Bale. Tried before the Hon. Bobt. Boughebty. This action was brought by Benjamin You, against James Flinn, to recover the possession of certain lots in the town of Newton in said county, together with damages for their detention ; and was commenced on the 15th February, 1858. The plaintiff claimed the lots under a purchase at sheriff’s sale against James J. Flinn, who was the father of the defendant.

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Appeal from the Circuit Court of Bale. Tried before the Hon. Bobt. Boughebty. This action was brought by Benjamin You, against James Flinn, to recover the possession of certain lots in the town of Newton in said county, together with damages for their detention ; and was commenced on the 15th February, 1858. The plaintiff claimed the lots under a purchase at sheriff’s sale against James J. Flinn, who was the father of the defendant. On the trial, the plaintiff offered in evidence the judgment under which the land was sold, and the sheriff’s deed to himself as the highest bidder; and proved,…

1Opinion of the CourtStone, J.

A construction of the 'following sections of the Code seems necessary to a proper decision of this case :

“ § 1306. No use, trust or confidence, can be declared of any land, or of any charge .upon the same, for the mere benefit of third persons; and all assurances, declaring any such use, trust or confidence, must be held and taken to vest the legal estate in the person or persons for whom the same is declared, and no estate or interest can vest thereby in any trustee.
“ § 1307. Nothing in the preceding section contained shall prevent the conveyance of real or personal property, or the issues,…

2Cases cited20 opinions

  1. Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
  2. Gott v. CookNew York Court of Chancery · 1839
  3. Foote v. ColvinNew York Supreme Court · 1808
  4. Jackson ex rel. Stewart v. TownNew York Supreme Court · 1825
  5. Jackson, ex rel. Walton v. LeggettNew York Supreme Court · 1831

15 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Henderson v. HendersonSupreme Court of Alabama · 1923
  2. Smith's v. CockrellSupreme Court of Alabama · 1880
  3. Childress v. MonetteSupreme Court of Alabama · 1875
  4. Heflin v. BinghamSupreme Court of Alabama · 1876
  5. Gindrat v. Western RailwaySupreme Court of Alabama · 1892

36 more not listed; retrieve them via the Exa API.

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