Randolph v. Vails
Supreme Court of Alabama
Appeal from Lamm- Chancery Court. Heard before Hon. Wm. II. Simpson. Bill by M. A. Randolph and others against. Jerry W. Yails, and others, to declare certain transactions a cloud upon title, to remove the same and for the sale of lands for partition. From a decree dismissing the bill complainants appeal.
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Appeal from Lamm- Chancery Court. Heard before Hon. Wm. II. Simpson. Bill by M. A. Randolph and others against. Jerry W. Yails, and others, to declare certain transactions a cloud upon title, to remove the same and for the sale of lands for partition. From a decree dismissing the bill complainants appeal. A purchase by a co-tenant of an outstanding title or encumbrance against the common estate will enure to the benefit of all, such purchaser being entitled to contribution.- — 17 A. & E. Enc’y of Law, 674; Inglis v. Webb, 17 Ala. 387; Bailey v. Campbell, 82 Ala. 342; Dormer v. Quartermas, 90…
1Opinion of the Court
de G-RAFFENR1EI), J.
Undoubtedly the relations of trustee and cestui que trust exist, so far as the personalty of an estate is concerned, between an administrator and the distributees of an estate. The administrator is clothed with the legal title to the personalty, is charged with the payments of the debts of the estate out of such personalty, and with reducing the personal assets to cash, to the end that the distributees of the estate, his cestui que trusts, may receive their distributive shares of such estate.
While our statutes confer large powers upon the administrator of an estate over…
2Cases cited9 opinions
- James v. JamesSupreme Court of Alabama · 1876
- Lehman, Durr & Co. v. MooreSupreme Court of Alabama · 1890
- Savage v. BradleySupreme Court of Alabama · 1907
- Goree v. ClementsSupreme Court of Alabama · 1891
- Calloway v. GilmerSupreme Court of Alabama · 1860
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Harmon v. Dothan Nat. BankSupreme Court of Alabama · 1914
- Smith v. SmithSupreme Court of Alabama · 1957
- Alabama Power Co. v. StognerSupreme Court of Alabama · 1922
- Keith & Wilkinson v. ForsytheSupreme Court of Alabama · 1933
- Kimbrough v. DickinsonSupreme Court of Alabama · 1949
27 more not listed; retrieve them via the Exa API.