Rutledge v. Crampton
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before I-Ion. A. D. Sayre. Bill by J. T. Rutledge and others against F. J. Cramp-ton and others. Bill dismissed, and plaintiffs appeal. This was a bill filed by T. J. Rutledge, as pext friend of certain minors mentioned in the bill, and T. J. Rutledge, R. H. Rutledge, and A. D. Rutledge, against F. J. Crampton, and prays for a sale of certain lots therein described for a. division between the joint owners t-hei eof.
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Appeal from Montgomery City Court. Heard before I-Ion. A. D. Sayre. Bill by J. T. Rutledge and others against F. J. Cramp-ton and others. Bill dismissed, and plaintiffs appeal. This was a bill filed by T. J. Rutledge, as pext friend of certain minors mentioned in the bill, and T. J. Rutledge, R. H. Rutledge, and A. D. Rutledge, against F. J. Crampton, and prays for a sale of certain lots therein described for a. division between the joint owners t-hei eof. The allegations made by the bill are that Alexander R. Bell was during his life seized in fee and possessed of a one-half undivided…
1Opinion
*286ON REHEARING.
ANDERSON, J.
The foregoing opinion was prepared upon the assumption that the will created no. trust, and that the wife wa.s the absolute owner of the life estate, and that the case came within the influence of section 1046 of the Code of 1896; and the question Avas dealt with as if there Avas no trust. If the property was given Mrs. Bell in trust, then she did not take the absolute estate under section 1046. On the other hand, if said section applies, she did not take an absolute estate, except as to creditors and purchasers (purchasers at a-sale under the poAver), for the reason…
2Cases cited5 opinions
- Phelps v. HarrisSupreme Court of the United States · 1880
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Pendley v. Madison's Adm'rSupreme Court of Alabama · 1887
- Smith v. PhillipsSupreme Court of Alabama · 1901
- Rice v. BambergSupreme Court of South Carolina · 1904