Lady Ensley Coal, Iron & R.R. v. Gordon
Supreme Court of Alabama
Bill to Enforce a, Trust. Appeal from Franklin Chancery Court. Heard before Hon. W. H. Simpson. Bill by Eugene C. Gordon and others against the Lady Ensley Coal, Iron & Bailroad Company and others to enforce a trust. From a decree overruling demurrers to the hill, defendants appeal.
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Bill to Enforce a, Trust. Appeal from Franklin Chancery Court. Heard before Hon. W. H. Simpson. Bill by Eugene C. Gordon and others against the Lady Ensley Coal, Iron & Bailroad Company and others to enforce a trust. From a decree overruling demurrers to the hill, defendants appeal. According to the averments of the bill, on May 9,1881, David Pounders and wife made and delivered to Gordon a written contract which is as follows: “That whereas, John B. Gordon, A. H. Colquitt, Eugene C. Gordon, and Walter B. Gordon, and their associates, propose to build a railroad from some point on the Memphis…
1Opinion of the CourtDowdell, J.
The bill in this case was filed- on the 13th day of May, 1904. According to its averrments and prayer for relief it has for its object primarily the enforcement of an alleged trust. No express trust is shown, but it is claimed that a trust exists, arising out of an executory agreement made between the complainant, Eugene C. Gordon, and associates named, of the one part, and David Pounders and his wife, of the other part, in reference to certain described real estate. The executory agreement was in writing, and is attached as Exhibit A to the bill, bearing date of May 9, 1881. After the…
2Cases cited6 opinions
- Montgomery v. State ex rel. EnslenSupreme Court of Alabama · 1894
- Haney v. LeggSupreme Court of Alabama · 1900
- Montgomery Light Co. v. LaheySupreme Court of Alabama · 1898
- Rives v. MorrisSupreme Court of Alabama · 1895
- Nettles v. NettlesSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gayle v. PenningtonSupreme Court of Alabama · 1914
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Shortridge v. Southern Mineral Land Co.Supreme Court of Alabama · 1914
- Thompson v. Sloss-sheffield Steel & Iron Co.Court of Appeals for the Fifth Circuit · 1914
- First National Bank of Mobile v. PopeSupreme Court of Alabama · 1963
1 more not listed; retrieve them via the Exa API.