Wooddy v. Matthews
Supreme Court of Alabama
Appeal from Shelby Chancery Court. Heard before Hon. W. W. Whiteside. Suit by Margaret Wooddy against K. N. Matthews for an accounting, and to declare a trust in certain lands, and to require a conveyance thereof to complainant. From a decree for respondent, complainant appeals.
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Appeal from Shelby Chancery Court. Heard before Hon. W. W. Whiteside. Suit by Margaret Wooddy against K. N. Matthews for an accounting, and to declare a trust in certain lands, and to require a conveyance thereof to complainant. From a decree for respondent, complainant appeals. The bill contained the following prayers: The premises considered, yonr oratrix prays the court that the said K. N. Matthews be made a party respondent to this bill of complaint, and that the usual process issue out of your honor’s court making him said party respondent, and that on final hearing your honor will state…
1Opinion of the Court
THOMAS, J. —
To enable the appellant to have the relief sought, the allegation of the bill must be clear and specific that appellee did not rightfully acquire her interest in the lands sought to be divested out of him and invested in her. Nor should she have such relief without clear and convincing proof of facts showing that the deed was procured by fraud of her right of ownership therein. The evidence shows that in 1902 appellee was the administrator of the estate of appellant’s deceased mother, and that appellant, Margaret Wooddy, and her two sisters, Mrs. Sue Ware Matthews and Mrs. Bob *393Ware…
2Cases cited18 opinions
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
- Beck & Pauli Lithographing Co. v. HouppertSupreme Court of Alabama · 1894
- Rives v. MorrisSupreme Court of Alabama · 1895
- Cannon v. LindseySupreme Court of Alabama · 1887
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3Cited by27 opinions
- Copeland v. WarrenSupreme Court of Alabama · 1926
- Corley v. VizardSupreme Court of Alabama · 1919
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
- Webb v. WebbSupreme Court of Alabama · 1948
- Lewis v. DavisSupreme Court of Alabama · 1916
22 more not listed; retrieve them via the Exa API.