Chesser v. Motes
Supreme Court of Alabama
Appeal from Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Assumpsit by M. E. Chesser against Mary E. Motes. Judgment for defendant, and plaintiff appeals.
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Appeal from Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Assumpsit by M. E. Chesser against Mary E. Motes. Judgment for defendant, and plaintiff appeals. The agreed statement of facts, for the purposes of this trial, was as follows: That plaintiff is the daughter of Pressley A. Motes, now deceased, and that Mary E. Motes, the defendant, is the widow and was the second wife of said Pressley A. Motes; that prior to the-10th day of February, 1908, said Pressley A. Motes owned certain land in the state of Oklahoma, which is described in the deed made an exhibit and attached hereto, and…
1Opinion of the CourtAnderson, J.
The deed from Motes to his Avile, this appellee, was absolute and unconditional. It did not create any trust in the land for this appellant, or require a sale by the vendee so as to work an equitable conversion of the land into personalty. The appellant, in order to recover a part of the proceeds arising from a sale of the land by Mrs. Motes., relies solely upon a *566parol agreement between Motes and Iris wife, at the time he conveyed her the land, that she would sell the same and divide the proceeds between this appellant and other children of the grantor; Motes. A parol trust of this character…
2Cases cited7 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Taylor v. CrookSupreme Court of Alabama · 1902
- Allen v. WattsSupreme Court of Alabama · 1893
- Moore v. CampbellSupreme Court of Alabama · 1893
- High v. WorleySupreme Court of Alabama · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Willard v. SturkieSupreme Court of Alabama · 1925
- Westcott v. SharpSupreme Court of Alabama · 1951
- Bartlett v. BartlettSupreme Court of Alabama · 1930
- Snow v. StateSupreme Court of Alabama · 1952
- Vaughan v. Central Bank of the South (In re Vaughan)District Court, N.D. Alabama · 1986
1 more not listed; retrieve them via the Exa API.