Mauldin, Montague & Co. v. Armistead
Supreme Court of Alabama
Error to the Circuit Court of Marengo. Before the Hon. J. D. Phelan. Assumpsit by James Semple, against the plaintiffs in error; The plaintiff below having afterwards departed this life, the suit was revived in the name of the defendant in error, his executor. The action was brought to recover the proceeds of a crop of cotton, shipped to the defendants, as factors in Mobile, and by them sold. Pleas, wore assumpsit, and set-off.
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Error to the Circuit Court of Marengo. Before the Hon. J. D. Phelan. Assumpsit by James Semple, against the plaintiffs in error; The plaintiff below having afterwards departed this life, the suit was revived in the name of the defendant in error, his executor. The action was brought to recover the proceeds of a crop of cotton, shipped to the defendants, as factors in Mobile, and by them sold. Pleas, wore assumpsit, and set-off. Upon the trial, as appears from a bill of exceptions, the plaintiff produced, and read as evidence, a deed executed on the 17th March, 1842, between Robert B.…
1Opinion of the CourtCollier, C. J.
-1. Whenever a trust is created, a legal estate sufficient for its complete execution shall, if possible, be implied. Lewin on Trusts, &c. 234. Under the influence of this rule, the trustee may bring an action in a court of law respecting the trust estate; the cestui que trust, though the beneficial, and in equity the absolute owner, is not recognized as such at law. Id. 247. If the trustee dies, his heir, executor or administrator, is substituted to his place, and will hold the property in the same character that he did. Id. 205; Willis on Trustees, 118.- It is said the inherent right *708which…
2Cases cited7 opinions
- Ravisies v. AlstonSupreme Court of Alabama · 1843
- Harrison v. MockSupreme Court of Alabama · 1846
- Crawford v. Executors of SimontonSupreme Court of Alabama · 1838
- Dexter v. StewartNew York Court of Chancery · 1823
- Delancey v. BrownellNew York Supreme Court · 1809
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3Cited by17 opinions
- Campbell v. Regal Typewriter Co., Inc.Supreme Court of Alabama · 1976
- Anderson v. NorthropSupreme Court of Florida · 1892
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Booker v. JonesSupreme Court of Alabama · 1876
- Reyburn v. MitchellSupreme Court of Missouri · 1891
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