Morris v. Hanson

Decided December 15, 1884

Supreme Court of Alabama · decided 1884-12-15

Heard before the Hon. John A. Poster. The bill in this case was filed by Bessie Hanson and others, children of M. M. Copeland and Margaret A. Copeland, his wife, against Josiah Morris and the said M. M. Copeland; and sought to obtain a conveyance of th.e legal title to certain lots lying near the city of Montgomery, which said Morris had sold to said M. M. Copeland, and to enjoin a threatened action at law by Morris to recover the possession of the lots.

Relies on Wimbish v. Montgomery Mutual Building & Loan Ass'n

Decided 1884-12-15

STONE, C. J.

¶1If Bessie Hanson is a married woman, it is not shown in the pleadings in this cause. The question not being raised in the court below, would scarcely be considered here, even if the record brought it to our 'notice. ■

¶2The case of Wimbish v. Building & Loan Association, 69 Ala. 575, bears evidence of very thoughtful study. Its views are fortified and sustained by the current of modern rulings. Perry on Trusts, g 98; 1 Lead. Cas. in Eq., 4th ed., part 1, pp. 425 et seg. We do not feel at liberty to depart from it. The facts of the present case, in the view most favorable to appellant, bring it within the influence of that decision, and the decree of the chancellor must be affirmed.