Lang's Heirs v. Waring
Supreme Court of Alabama
Error to the Chancery Court of.Mobile. Tried before the Hon. Anderson Crenshaw, Chancellor. The bill in this case, which was filed by the defendant in error, as surviving partner of the firm of Bartlett & Waring, alleges that said Bartlett died in 1844, leaving the complainant in possession of the copartnership property as surviving partner, its affairs being still unsettled; that there existed also in Mobile a copartnership between Colin C. McRea and Willis Lang, under the…
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Error to the Chancery Court of.Mobile. Tried before the Hon. Anderson Crenshaw, Chancellor. The bill in this case, which was filed by the defendant in error, as surviving partner of the firm of Bartlett & Waring, alleges that said Bartlett died in 1844, leaving the complainant in possession of the copartnership property as surviving partner, its affairs being still unsettled; that there existed also in Mobile a copartnership between Colin C. McRea and Willis Lang, under the name and style of McRea & Lang; that said Lang died in 1837, that said McRea as surviving partner became possessed of…
1Opinion of the CourtCollier, C. J.
At law real property is supoo-ed to belong to the persons in whose name the title appears to stand by a conveyance. If it is in the name of one of several partners, he alone will be deemed the owner; and if the conveyance is to all the partners, they will be regarded as tenants in common. But no matter how the title may stand at law, real estate belonging to the partnership will in equity be treated as belonging to the firm like its personal funds, and disposable and distributable accordingly; and the parties who appear to be owners of the legal title will be held to be trustees of the…
2Cases cited21 opinions
- Sigourney v. MunnSupreme Court of Connecticut · 1828
- Mauldin v. Branch Bank at MobileSupreme Court of Alabama · 1841
- Doe ex dem. Davis v. McKinneySupreme Court of Alabama · 1843
- Lee's Adm'rs v. FontaineSupreme Court of Alabama · 1846
- Knapp v. McBrideSupreme Court of Alabama · 1844
16 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- You v. FlinnSupreme Court of Alabama · 1859
- Lang's Heirs v. WaringSupreme Court of Alabama · 1854
- Hatchett v. BlantonSupreme Court of Alabama · 1882
- Espy v. ComerSupreme Court of Alabama · 1884
12 more not listed; retrieve them via the Exa API.