Butt v. McAlpine
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Bill by John W. McAlpine against Carrie W. Butt and others to quiet title to certain lands. From a decree for complainant respondent appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Bill by John W. McAlpine against Carrie W. Butt and others to quiet title to certain lands. From a decree for complainant respondent appeals. The general rule is that powers or trusts cannot continue beyond the period required by the purposes of the same — Fox v. Storrs, 75 Ala. 265; Young v. Bradley, 101 U. S. 782; Perry on Trusts, sec. 312. An assignment for the benefit of creditors always leaves a resulting trust in the assignor, which, if his debts have actually been paid or the legal presumption of payment has…
1Opinion of the CourtMcCLELLAN, J.
John W. McAlpine filed his bill to quiet title to certain lands in the county of Mobile against Cary W. Butt et al. The respondents, those with whom we are concerned, propounded, by answer, their claim to the land and, also, constituted their answer a cross-bill by which it was prayed that their title to the lands be vindicated and quieted, as against original complaint. The court below sustained'the title of original complainant, and declared the cross-complainants to be without right or title to, or interest or claim in, the lands in question.
On December 5, 1846, Franklin O. Heard owned the…
2Cases cited11 opinions
- Haney v. LeggSupreme Court of Alabama · 1900
- Semple v. GlennSupreme Court of Alabama · 1890
- Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
- Roach v. CoxSupreme Court of Alabama · 1909
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
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3Cited by8 opinions
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Pittman v. PittmanSupreme Court of Alabama · 1945
- South v. PinionSupreme Court of Alabama · 1922
- Blewett v. StallworthSupreme Court of Alabama · 1946
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