Empire Realty Co. v. Harton
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by-H. M. Hartón against the Empire Realty Company and others to enforce a resulting or constructive trust in favor of the Ensley Realty Company, and to declare certain sales of stock therein fraudulent and void. From a decree overruling demurrers to the bill, respondents appeal.
Read the full summary
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by-H. M. Hartón against the Empire Realty Company and others to enforce a resulting or constructive trust in favor of the Ensley Realty Company, and to declare certain sales of stock therein fraudulent and void. From a decree overruling demurrers to the bill, respondents appeal. The demurrers referred to are as follows: (5) “Complainant shows no right to file this suit in his own name as a stockholder of the Ensley Realty Company.” (9a) “Said bill is multifarious.” (9d) “It is not averred or shown that the Ensley…
1Opinion of the CourtMcCLELLAN, J.
This bill, exhibited by H. M. Hartón, purports to be one by a stockholder in the Ensley Realty Company, in behalf of that corporation, and seeks the declaration and enforcement of a “resulting or constructive trust” in its favor in property alleged to have been purchased by the use of assets of the Ensley *104Realty Company. It is the successor of the bill considered, and stricken on demurrer, in the cause of Harton v. Johnston et al., 166 Ala. 317, 51 South. 992. Abstractly speaking, it is, of course, a sine qua non to the maintenance of such a bill that the complainant be at the time a…
2Cases cited13 opinions
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Ray's Adm'r v. WombleSupreme Court of Alabama · 1876
- Tutwiler v. Tuskaloosa Coal, Iron & Land Co.Supreme Court of Alabama · 1889
- Lockett v. HurtSupreme Court of Alabama · 1876
- Hodge v. United States Steel Corp.New Jersey Court of Chancery · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Willcox v. Harriman Securities CorporationDistrict Court, S.D. New York · 1933
- Mathews v. J. F. Carroll Merc. Co.Supreme Court of Alabama · 1915
- Shelton v. ThompsonSupreme Court of Alabama · 1989
- Thomas v. BlairSupreme Court of Alabama · 1922
8 more not listed; retrieve them via the Exa API.