Piedmont Land Improvement Co. v. Piedmont Foundry & Machine Co.
Supreme Court of Alabama
Appeal from Calhoun Chancery Court. Tried, before Hon. S. H McSpaddeN. The complainant is entitled to a cancellation of the deed. — Manning v. Pippen, 86 Ala. 357; Pitts v. Goltingham, 9 Porter, 675; Patton v. Beecher, 62 Ala. 579; 2 Leading Cases in Equity (Hare & Wallace), 541; Pomeroy’s Eq.
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Appeal from Calhoun Chancery Court. Tried, before Hon. S. H McSpaddeN. The complainant is entitled to a cancellation of the deed. — Manning v. Pippen, 86 Ala. 357; Pitts v. Goltingham, 9 Porter, 675; Patton v. Beecher, 62 Ala. 579; 2 Leading Cases in Equity (Hare & Wallace), 541; Pomeroy’s Eq. Juris. §§ 109, 110, 847, 1375-1377; Perry on Trusts, § 166. A trust should be declared in favor of complainant (appellant) in the property of the defendant to the extent of the money advanced. — 2 Story’s Eq. Jur. $$ 1195, 1223; Perry on Trusts, §§ 130-134, 159-161; Smyth v: Oliver, 31 Ala. 39;…
1Opinion of the CourtThorington, J.
The bill of complaint filed by appellant, although somewhat vague in some of its averments, makes substantially the following case:
Appellant is a corporation under the laws of this State, and its place of business is.in the town of Piedmont. It was organized for the purpose of developing that town, and to that end has expended large sums of money. In furtherance of its general purpose to improve the town by encouraging the establishment of manufacturing therein, and otherwise, in May, 1890, it agreed to assist the Piedmont Foundry and Machine Company, also a corporation, with land and money,…
2Cases cited15 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Lawrence v. GayettyCalifornia Supreme Court · 1889
- Manning v. PippenSupreme Court of Alabama · 1888
- Stringfellow v. IvieSupreme Court of Alabama · 1882
- Birmingham Warehouse & Elevator Co. v. Elyton Land Co.Supreme Court of Alabama · 1890
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3Cited by14 opinions
- Grimsley v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1927
- Southern Colonization Co. v. DerflerSupreme Court of Florida · 1917
- Seaboard A. L. Ry. Co. v. Anniston Manufacturing Co.Supreme Court of Alabama · 1914
- Converse Bridge Co. v. Geneva CountySupreme Court of Alabama · 1909
- Glenn v. City of BirminghamSupreme Court of Alabama · 1931
9 more not listed; retrieve them via the Exa API.