Dillard v. Winn
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. John Henderson. This action was brought by Mrs. Willie Gr, Winn, against A. W. Dillard and M. C. Dillard, his wife, to recover the possession of a tract of land; and was commenced on the 10th April, 1876. The land had been sold and conveyed by the plaintiff, on the 2d October, 1872, to Mrs. M. C. Dillard, who, with her said husband, gave their several promissory notes for the purchase-money, the last maturing on…
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Appeal from the Circuit Court of Marengo. Tried before the Hon. John Henderson. This action was brought by Mrs. Willie Gr, Winn, against A. W. Dillard and M. C. Dillard, his wife, to recover the possession of a tract of land; and was commenced on the 10th April, 1876. The land had been sold and conveyed by the plaintiff, on the 2d October, 1872, to Mrs. M. C. Dillard, who, with her said husband, gave their several promissory notes for the purchase-money, the last maturing on the 1st January, 1876; and said Dillard and wife at the same time conveyed the land by deed to George G. Lyon, as…
1Opinion of the CourtManning, J.
The determination of this cause turns upon the question, whether the trustee, George G. Lyon, had, before he sold the land in controversy to appellee (plaintiff below), divested himself of the title and power of trustee. To this end, he had made application to the register in chancery, under the chapter beginning with section 3727 (3447) of the Code of lc-76, tendered his resignation, and asked that a day be set for the determination of the matter, and his discharge from responsibility. But, before final action thereupon, or any decision or ruling made upon his application, he withdrew the…
2Cases cited1 opinion
- Drane v. GunterSupreme Court of Alabama · 1851
3Cited by3 opinions
- McCarty v. GantSupreme Court of Alabama · 1947
- Greiger v. SalzerSupreme Court of Colorado · 1917
- Clarke v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1947