Strong v. Taylor
Supreme Court of Alabama
Appeal from tbe Chancery Court of Mobile. Heard before the Hon. John A. Foster. The original bill'in this case was filed on the 12th November, 1881, by James McPbillips, as a creditor of the Danner Land & Lumber Company, an insolvent private corporation, on behalf of himself and all other creditors who might come in as parties and contribute to the expenses of the suit, against the said corporation, and against J. C. Strong, the trustee in a deed of assignment executed to…
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Appeal from tbe Chancery Court of Mobile. Heard before the Hon. John A. Foster. The original bill'in this case was filed on the 12th November, 1881, by James McPbillips, as a creditor of the Danner Land & Lumber Company, an insolvent private corporation, on behalf of himself and all other creditors who might come in as parties and contribute to the expenses of the suit, against the said corporation, and against J. C. Strong, the trustee in a deed of assignment executed to him by said corporation, for the benefit of its creditors; and asked the court to assume jurisdiction of the assignment,…
1Opinion of the CourtClopton, J.
— There are well-defined cases, in which a court of equity may properly determine the amount of compensation to which solicitors are entitled, and order its payment from funds under the control of the court. Reasonable expenses, including a proper fee for his attorney, incurred by a trustee in good faith in the bringing and prosecution of a suit, to which he is compelled to resort in order to preserve intact, or to recover the trust estate, and thereby restores or saves it, and brings it into court for administration, will be charged against, and paid from the trust fund, on the principle…
2Cases cited3 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- Grimball v. CruseSupreme Court of Alabama · 1881
3Cited by26 opinions
- Dent v. FoySupreme Court of Alabama · 1925
- Bidwell v. JohnsonSupreme Court of Alabama · 1915
- Penney v. Pritchard & McCallSupreme Court of Alabama · 1950
- Kimbrough v. DickinsonSupreme Court of Alabama · 1949
- McCulloch v. RobertsSupreme Court of Alabama · 1974
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