Johns v. Birmingham Trust & Savings Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; I-Iugh A. Locke, Judge. Rose Johns Cannon filed, a bill to annul two trust agreements, and made parties thereto the Birmingham Trust & Savings Company and A. W. Smith. Later the Birmingham Trust & Savings Company and A. W. Smith filed an answer and cross-bill, making Wallaee C. Johns and others parties respondent, and seeking to construe the trust and fixing the duties and obligations of the trustees.
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Appeal from Circuit Court, Jefferson County; I-Iugh A. Locke, Judge. Rose Johns Cannon filed, a bill to annul two trust agreements, and made parties thereto the Birmingham Trust & Savings Company and A. W. Smith. Later the Birmingham Trust & Savings Company and A. W. Smith filed an answer and cross-bill, making Wallaee C. Johns and others parties respondent, and seeking to construe the trust and fixing the duties and obligations of the trustees. The parties last brought in by the cross-bill demurred thereto, and from a decree overruling their demurrers they appeal. The two trust agreements…
1Opinion of the CourtSayre, J.
The report of this cause on a former appeal (Birmingham Trust & Savings Co. v. Cannon, 204 Ala. 336, 85 South. 768) shows the pleadings prior to the cross-bill filed by the Birmingham Trust & Savings Company and Arthur W. Smith, which first brought in appellants as parties defendant. The new parties thus brought in, next of kin and distributees, children and grandchildren of L. W. Johns, deceased, demurred to the cross-bill, and, their demurrer being overruled by the trial court, prosecute this appeal.
One effect of the decree in the trial court was to assert the proposition that on the facts…
2Cases cited10 opinions
- Williams v. PearsonSupreme Court of Alabama · 1862
- Hadley v. ForseeSupreme Court of Missouri · 1907
- May v. RitchieSupreme Court of Alabama · 1880
- Johnson v. HolifieldSupreme Court of Alabama · 1885
- Birmingham Trust & Savings Co. v. CannonSupreme Court of Alabama · 1920
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3Cited by14 opinions
- Lovelace v. Marion InstituteSupreme Court of Alabama · 1926
- Henderson v. Troy Bank & Trust Co.Supreme Court of Alabama · 1948
- Tumlin v. Troy Bank & Trust Co.Supreme Court of Alabama · 1952
- United States v. First Nat. Bank of BirminghamCourt of Appeals for the Fifth Circuit · 1934
- Bottimore v. First & Merchants National BankSupreme Court of Virginia · 1938
9 more not listed; retrieve them via the Exa API.