Bass v. Bass
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. (1.) The bill seeks to enforce a resulting trust, and to follow the proceeds of the sale of the land, to which the trust attached, in the hands of the bank with which it is deposited. The equity can not be doubted. — 1 Story’s Equity, §§ 422-3; 2 Story’s Equity, §§ 1210, 1257; 1 Pomeroy’s Equity, §§ 155, 1049; 2 Perry on Trusts, 814, 835; 10 Amer. & Eng. Ency.
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. (1.) The bill seeks to enforce a resulting trust, and to follow the proceeds of the sale of the land, to which the trust attached, in the hands of the bank with which it is deposited. The equity can not be doubted. — 1 Story’s Equity, §§ 422-3; 2 Story’s Equity, §§ 1210, 1257; 1 Pomeroy’s Equity, §§ 155, 1049; 2 Perry on Trusts, 814, 835; 10 Amer. & Eng. Ency. Law, 35, 39, 47; Tilford v. Torrey, 53 Ala. 120; Crutcher v. Taylor, 66 Ala. 2Í7; Walker v. Elledge, 65 Ala. 51; Lewis v. B. & L. Asso., 70 Ala. 276. (2.)…
1Opinion of the CourtStone, C. J.
This case was decided on demurrer, which was an admission of the truth of the averments of fact, as found in the bill. We will treat them as facts.
Andrew Bass, a resident of Jefferson county, died August 19, 1854. He left a last will, which was duly probated and established — the time of the probate not positively stated. The language of the bill bearing on this subject is as follows: “That shortly after the death of said Andrew Bass, the said Jane Bass, widow, etc., and your orator W. J. Bass, caused the will of said Andrew Bass to be probated, as hereinbefore stated, and letters…
2Cases cited4 opinions
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