Flomerfelt v. Siglin
Supreme Court of Alabama
Bill for Partition of Land. Appeal from Cherokee Chancery Court. Heard before Hon. W. W. Wi-iiteside. Bill by William Siglin and another against Jacob D. Flomerfelt and others for partition of land, etc. From a decree oyerruling demurrers to the bill, defendants appeal. The bill is filed by William Siglin and Mary E. Flo-merfelt, as an individual and as administratrix of the estate of James A. Flomerfelt, deceased, against the heirs of said James A. Flomerfelt, deceased.
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Bill for Partition of Land. Appeal from Cherokee Chancery Court. Heard before Hon. W. W. Wi-iiteside. Bill by William Siglin and another against Jacob D. Flomerfelt and others for partition of land, etc. From a decree oyerruling demurrers to the bill, defendants appeal. The bill is filed by William Siglin and Mary E. Flo-merfelt, as an individual and as administratrix of the estate of James A. Flomerfelt, deceased, against the heirs of said James A. Flomerfelt, deceased. The aver-ments are that Siglin and Flomerfelt were tenants in common, of a certain tract of land, which is particularly…
1Opinion of the CourtAnderson, J.
In discussing equitable estates arising from conversion of real estate into personal and personal estate into real, Mr. Poanreoy, in his valuable work on Equity jurisprudence, says: “The whole scope and meaning of the fundamental principle underlying the doctrine are involved in the existence of a duty- resting upon the trustees or other parties to do the specified act; for , unless the equitable ‘ought’ exist, there is no room for the operation of the maxim ‘equity regards that as done which ought to he done.’ The rule is therefore firmly settled that, in order to work a conversion while the…
2Cases cited4 opinions
- Williams v. . HaddockNew York Court of Appeals · 1895
- Allen v. WattsSupreme Court of Alabama · 1893
- Ex parte BakerSupreme Court of Alabama · 1897
- Smith v. SmithSupreme Court of Alabama · 1893
3Cited by17 opinions
- Dent v. FoySupreme Court of Alabama · 1925
- McGuire v. AndreSupreme Court of Alabama · 1953
- Tatum v. Commercial Bank & Trust Co.Supreme Court of Alabama · 1914
- Kern v. RobertsonMontana Supreme Court · 1932
- Birckner v. TilchCourt of Appeals of Maryland · 1941
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