Chambliss v. Smith
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. "Wade Keyes. This bill was filed by John N. Smith, who was a judgment creditor of James A. Branch, against said Branch and wife, William H. Chambliss, J osiah Blackman, and others; seeking to subject to the satisfaction of complainant’s judgment a tract of land, alleged to be held by Blackman, under a contract of purchase from Chambliss, on secret trust for Branch of his wife.
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Appeal from the Chancery Court of Lowndes. Heard before the Hon. "Wade Keyes. This bill was filed by John N. Smith, who was a judgment creditor of James A. Branch, against said Branch and wife, William H. Chambliss, J osiah Blackman, and others; seeking to subject to the satisfaction of complainant’s judgment a tract of land, alleged to be held by Blackman, under a contract of purchase from Chambliss, on secret trust for Branch of his wife. The opinion of the court states all the material facts of the case. On final hearing, the chancellor rendered a decree for the complainant, which is now…
1Opinion of the CourtWalker, J.
The central and cardinal point in this case is, the alleged purchase of a tract of land under a secret trust for the complainant’s execution debtor, or his wife. There is no proof taken in reference to the existence of such a trust. If such a trust be established at all, it must, therefore, be by the admissions of the answers, either express or implied, according to the rules of chancery pleading and evidence.
The answer of Blackman, upon whom it is attempted to fix the trust, denies, in plain and positive terms, that the purchase was made “under secret or other trust” for Branch, the debtor.…
2Cases cited7 opinions
- Field v. HollandSupreme Court of the United States · 1810
- Bibb v. ReidSupreme Court of Alabama · 1841
- Halstead v. ShepardSupreme Court of Alabama · 1853
- Julian v. ReynoldsSupreme Court of Alabama · 1845
- Singleton v. GayleSupreme Court of Alabama · 1838
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