Harrison v. Mock
Supreme Court of Alabama
Error to the Chancery Court of Lowndes. The bill was filed in June, 1841, by the defendants in error, creditors of William R. Meyer, against R. B. Harrison, to charge him as the trustee of Meyer. The bill sets out the various demands, the evidences of which are appended to the bill as exhibits.
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Error to the Chancery Court of Lowndes. The bill was filed in June, 1841, by the defendants in error, creditors of William R. Meyer, against R. B. Harrison, to charge him as the trustee of Meyer. The bill sets out the various demands, the evidences of which are appended to the bill as exhibits. That on the 20th April, 1840, Meyer conveyed by deed all his real and personal estate to R. B. Harrison, upon trust, to take possession of all his property, and as soon as consistent with the interest of the creditors, to sell and pay the debts equally, and rateably. That Harrison accepted the trust,…
1Opinion of the CourtOrmond, J.
We will first consider, whether the trustee appointed by the deed accepted the trust, and if he did, the duties and responsibilities he thereby assumed, and the consequences of his neglect in their performance.
It is very clear, we think, that the trust created by the deed was accepted by Harrison, the trustee. The whole case shows, that there was great intimacy and confidence existing between him and Meyer. It is not usual to appoint a trustee without consultation with him, and although there is no proof that his consent was previously obtained, it may be fairly inferred from his subsequent…
2Cited by19 opinions
- Wolffe v. StateSupreme Court of Alabama · 1885
- Memphis Sav. Bank v. HouchensCourt of Appeals for the Eighth Circuit · 1902
- Davis v. BowmarMississippi Supreme Court · 1878
- Mauldin, Montague & Co. v. ArmisteadSupreme Court of Alabama · 1848
- Montgomery v. GivhanSupreme Court of Alabama · 1854
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