Clemmons v. Cox
Supreme Court of Alabama
Appeal from the Chancery Court of Geneva. Tried before the Hon. Jere N. Williams. The bill in this case was filed by the appellants against the appellees, on February 21, 1896. The averments in the bill show the following facts : The complainants are the children and heirs at law of James M. Clemmons, deceased.
Read the full summary
Appeal from the Chancery Court of Geneva. Tried before the Hon. Jere N. Williams. The bill in this case was filed by the appellants against the appellees, on February 21, 1896. The averments in the bill show the following facts : The complainants are the children and heirs at law of James M. Clemmons, deceased. Clemmons died in the year 1862 or 1863. John P. Challcer, before the death of Clemmons, was seized and possessed of the lands described in the third section of the bill, the title to which this suit relates, and said Clemmons was the owner of lands described in section four of the…
1Opinion of the Court
HARALSON, J. —
Under the facts averred, the defendant, Chalker, held the title of the land he sold (and which he did convey) in trust for the purchaser, Clemmons, and for complaimants who inherited his title. Having been paid for the lands, and having placed the purchaser in possession, the complainants could, after their father’s death, have demanded, at any time, a conveyance from Chalker of the naked, legal title remaining in him. He never disclaimed or repudiated this trust, nor did he ever claim or assert the legal title, in opposition to the equitable title of the complainants. On the…
2Cases cited7 opinions
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- Scruggs v. Decatur Mineral & Land Co.Supreme Court of Alabama · 1888
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Goodbar, White & Co. v. DanielSupreme Court of Alabama · 1889
- Shorter v. SmithSupreme Court of Alabama · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Patterson v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1919
- Figh v. TaberSupreme Court of Alabama · 1919
- Silvey & Co. v. CookSupreme Court of Alabama · 1914
- Ezzell v. BrownSupreme Court of Alabama · 1898
- Milner & Kettig Co. v. DeLoach Mill Manufacturing Co.Supreme Court of Alabama · 1903
5 more not listed; retrieve them via the Exa API.