Louisville Manufacturing Co. v. Brown
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellee, S. Brown, as assignee, to haye the chancery court take jurisdiction of, and administer, a trust created by a deed of assignment. On January 20th, 1892,1. Phillips & Bro. made a general assignment for the benefit of their creditors to S. Brown, the appellee, and complainant in this suit.
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellee, S. Brown, as assignee, to haye the chancery court take jurisdiction of, and administer, a trust created by a deed of assignment. On January 20th, 1892,1. Phillips & Bro. made a general assignment for the benefit of their creditors to S. Brown, the appellee, and complainant in this suit. In said deed of assignment the assignors transferred all-of their stock of merchandise and also their leasehold interest in storehouses Nos. 1816 and 1818, 2d Avenue,, in the city…
1Opinion of the CourtHaralson, J.
—l. The first assignment of error is, that the court below erred in taking jurisdiction 0f the administration of the trust, as created in the deed of assignment. A trustee has the undoubted right to .come to a court of equity, for its assistance and protection, in all cases of doubt or difficulty, in the administration of the trust; and the bill in this case makes a clear ea&e for equitable interposition, for the protection and direction of the trustee in the .discharge of his duties, as such. Perry on Trusts, § 928 ; Hill on Trustees, § 543.
2. The second assignment questions the power of the…
2Cases cited10 opinions
- Adams v. SayreSupreme Court of Alabama · 1884
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- Ex parte PrintupSupreme Court of Alabama · 1888
- Jones v. WilsonSupreme Court of Alabama · 1875
- Thornton v. Highland Avenue & Belt RailroadSupreme Court of Alabama · 1891
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3Cited by8 opinions
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- Taber v. Royal InsuranceSupreme Court of Alabama · 1899
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- Garry & Welpin v. Jenkins, Moore & Co.Supreme Court of Alabama · 1895
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