Shook v. Southern Building & Loan Ass'n
Supreme Court of Alabama
Appeal from the Chancery Court of Jackson. Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellant, Mrs. M. Y. Shook, against her husband, B. F. Shook, and the Southern Building & Loan Association. The purpose of the bill is sufficiently stated in the opinion.
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Appeal from the Chancery Court of Jackson. Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellant, Mrs. M. Y. Shook, against her husband, B. F. Shook, and the Southern Building & Loan Association. The purpose of the bill is sufficiently stated in the opinion. It was averred in the bill that the property involved in the controversy was the homestead of complainant and her husband, and was so occupied by 'them on March 3Í, 1892, at which time said B. F. Shook executed to one Joseph Martin, as trustee, a deed of trust, conveying said homestead to secure a loan…
1Opinion of the CourtTyson, J.
The bill in this cause is exhibited by the complainant against her husband and the Southern Building & Loan Association, and seeks to have a resulting trust decreed in her favor in the lot described in it, to have the legal title residing in her husband invested in her and to cancel the conveyances under which the Association claims title.
It is shown undisputedly by the testimony that the consideration paid for the lot was with property belonging to complainant and that by mistake of the scrivener the deed was made to her husband instead of to her. So then as between her and her husband her…
2Cases cited11 opinions
- Vattier v. HindeSupreme Court of the United States · 1833
- Craft v. RussellSupreme Court of Alabama · 1880
- Richardson v. StephensSupreme Court of Alabama · 1898
- Shorter v. FrazerSupreme Court of Alabama · 1879
- Bynum v. GoldSupreme Court of Alabama · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cook v. WhiteheadSupreme Court of Alabama · 1951
- Bank of Wetumpka v. WalkleySupreme Court of Alabama · 1910
- Gulf Coal & Coke Co. v. Alabama Coal & Coke Co.Supreme Court of Alabama · 1906
- Interstate Trust & Banking Co. v. National Stockyards Nat. BankSupreme Court of Alabama · 1917
- Health Science Products, Inc. v. Taylor (In Re Health Science Products, Inc.)United States Bankruptcy Court, N.D. Alabama · 1995
4 more not listed; retrieve them via the Exa API.