South v. Pinion
Supreme Court of Alabama
Appeal from Circuit Court, Fayette County ; J. J. Curtis, Judge. Bill by Mattie South and others against Mary E. Pinion and another, to annul a deed, to determine the interests of the party tb the land described, and to sell the land for division. From a decree sustaining demurrers to the bill, complainants appeal.
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Appeal from Circuit Court, Fayette County ; J. J. Curtis, Judge. Bill by Mattie South and others against Mary E. Pinion and another, to annul a deed, to determine the interests of the party tb the land described, and to sell the land for division. From a decree sustaining demurrers to the bill, complainants appeal. The facts made by the bill sufficiently appear from the opinion of the court, and the demurrers are, in effect, that the trust claimed in the land is barred by the statute of limitations and by laches, and that the facts stated do not constitute a trust in the land in favor of the…
1Opinion of the CourtThomas, J.
Demurrer was sustained to the bill as amended, s.o far as it pertained to the lands described in the deed from A. W. Pinion to his wife, Mary E. Pinion. The assignment of error challenged this ruling.
It is conceded by appellee that the question •of existence or nonexistence of a resulting trust in the land made the subject of the suit is of primary importance.
The facts averred in the bill, filed by the children of Etta Pinion, the first wife of A. W. Pinion, against the child of said Pinion by his second wife, Mary • E. Pinion, and against the said Mary E. Pinion as the widow of the said A.…
2Cases cited28 opinions
- Kidd v. BorumSupreme Court of Alabama · 1913
- James v. JamesSupreme Court of Alabama · 1876
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Fowler v. Alabama Iron & Steel Co.Supreme Court of Alabama · 1910
- Haney v. LeggSupreme Court of Alabama · 1900
23 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Nelson Realty Co. v. Darling Shop of Birmingham, Inc.Supreme Court of Alabama · 1957
- Patterson v. WeaverSupreme Court of Alabama · 1927
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Bromberg v. First Nat. Bank of MobileSupreme Court of Alabama · 1937
- Bay Minette Land Co. v. StapletonSupreme Court of Alabama · 1932
4 more not listed; retrieve them via the Exa API.