Calloway v. Gilmer
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before the Hon. Wade Keyes. Tub bill in this case was filed, on the 31st May, 1858, by Peachy R. Gilmer and Fleming M. Gilmer, infants suing by their next friend, against Willis R. Calloway, Mary E. Galloway, his wife, Samuel B. Marks, F. W. Jordan, and Jere.
Read the full summary
Appeal from the Chancery Court at Montgomery. Heard before the Hon. Wade Keyes. Tub bill in this case was filed, on the 31st May, 1858, by Peachy R. Gilmer and Fleming M. Gilmer, infants suing by their next friend, against Willis R. Calloway, Mary E. Galloway, his wife, Samuel B. Marks, F. W. Jordan, and Jere. Lamar ; and sought to set aside a sale of certain real estate, which was made by said Calloway and wife, as executor and executrix of the last will and testament of Robert G. Gilmer, deceased, under an order of the probate court, on the 4th December, 1854. The complainants were the only…
1Opinion of the CourtR. W. Walker, J.
No principle is more firmly established in the equity jurisprudence of this country, *358than that a purchase by a trustee, for his own benefit, at a sale of the trust property, is voidable at the option of the cestui que trust, and will be set aside, if application for that purpose be made in a reasonable time; and it makes no difference in the application of the rule, whether the purchase be direct or indirect, in person or through an agent, or by the medium of a person who subsequently reconveys to the trustee. — Davone v. Fanning, 2 Johns. Ch. 252; Cunningham v. Rogers, 14 Ala. 147; McCartney…
2Cases cited10 opinions
- Andrews v. Hobson's Adm'rSupreme Court of Alabama · 1853
- Charles v. DuboseSupreme Court of Alabama · 1856
- McLane v. SpenceSupreme Court of Alabama · 1844
- Brannan v. OliverSupreme Court of Alabama · 1829
- Julian v. ReynoldsSupreme Court of Alabama · 1845
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Randolph v. VailsSupreme Court of Alabama · 1912
- Foxworth v. WhiteSupreme Court of Alabama · 1882
- Bank of Wetumpka v. WalkleySupreme Court of Alabama · 1910
- Meeks v. MillerSupreme Court of Alabama · 1926
16 more not listed; retrieve them via the Exa API.