Smyth v. Fitzsimmons
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. John A. Foster. Bill of review filed by Frederick Smyth and others, against O. P. Fitzsimmons and others to revise and reverse a decree rendered in the Chancery Court of Montgomery, cancelling and annulling as a cloud on the title of Mary B. Fitzsimmons, a mortgage executed by her grantee to said Smyth to secure a loan of $4,000. The entire proceedings in the case sought to be reviewed, are set forth and the bill avers…
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Appeal from Montgomery Chancery Court. Heard before Hon. John A. Foster. Bill of review filed by Frederick Smyth and others, against O. P. Fitzsimmons and others to revise and reverse a decree rendered in the Chancery Court of Montgomery, cancelling and annulling as a cloud on the title of Mary B. Fitzsimmons, a mortgage executed by her grantee to said Smyth to secure a loan of $4,000. The entire proceedings in the case sought to be reviewed, are set forth and the bill avers that an appeal from the said decree was taken, the transcript filed, and the cause docketed in the Supreme Court within…
1Opinion of the Court
STONE, O. J.
— Mary B. Fitzsimmons, during lier lifetime was the beneficial owner of a large body of land, lying in Bussell county of this State. She was a married woman, and at tlie time of tbe occurrences after mentioned, O. P. Fitzsimmons, Sr., ber liusband, was ber trustee. Tbe title to tbe lands was vested in ber husband — trustee'—for ber benefit. Its provisions are, “To bave and to bold [to tbe trustee and bis successors ] in trust for tbe sole and separate use, benefit and behoof of [Mary B. Fitzsimmons | and her heirs free of all claims, liability or control of [ber husband | tbe said…
2Cases cited13 opinions
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Clark v. KillianSupreme Court of the United States · 1881
- McDougald's Adm'r v. DoughertySupreme Court of Alabama · 1864
- McMillan v. PeacockSupreme Court of Alabama · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Taylor v. CrookSupreme Court of Alabama · 1902
- Jones v. HendersonSupreme Court of Alabama · 1934
- Barrow v. LindseySupreme Court of Alabama · 1935
- Rochelle v. RochelleSupreme Court of Alabama · 1939
- Morris v. MarshallSupreme Court of Alabama · 1914
5 more not listed; retrieve them via the Exa API.