Doe ex dem. Gosson v. Ladd
Supreme Court of Alabama
Ejectment by Bem.ainder-men, against Purchasers from Trustee and Life-Tenants. Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. E. Clarke.
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Ejectment by Bem.ainder-men, against Purchasers from Trustee and Life-Tenants. Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. E. Clarke. This action of ejectment, which was commenced on the 24th April, 1882, was brought by Silver M. Gosson and others, grandchildren and great-grandchildren of Mrs. Mary Nicholas, deceased, to recover certain real estate in the city of Mobile, which they claimed as remainder-men under a deed executed on the 26th May, 1836, by John F. Nicholas, then the husband of the said Mary Nicholas. Said deed was signed only by said John P. Nicholas, and…
1Opinion of the CourtOlopton, J.
—An assurance, declaring a use, trust, or confidence of land, for the mere benefit of third persons — the trustee being the repository of a naked legal title, having no duties to perform, and subject to no accountability — vests the legal estate in the beneficiary, to the same extent as if the conveyance had been made directly to him. The legal and equitable estates are merged by the operation of the statute of uses, and no estate or interest vests in the trustee.— You v. Flinn, 34 Ala. 409. When a use, or successive uses are declared, which impose active duties on the trustee, in the…
2Cases cited6 opinions
- Blagge v. MilesU.S. Circuit Court for the District of Massachusetts · 1841
- Matthews v. McDadeSupreme Court of Alabama · 1882
- You v. FlinnSupreme Court of Alabama · 1859
- Schaffer v. LavrettaSupreme Court of Alabama · 1876
- Grimball v. PattonSupreme Court of Alabama · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Woodard v. MordecaiSupreme Court of North Carolina · 1951
- Robinson v. PierceSupreme Court of Alabama · 1897
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Woodstock Iron Co. v. FullenwiderSupreme Court of Alabama · 1888
- Kidd v. BrowneSupreme Court of Alabama · 1917
22 more not listed; retrieve them via the Exa API.