Loring v. Grummon

Decision Date09 January 1912
Citation176 Ala. 240,57 So. 819
PartiesLORING v. GRUMMON ET AL.
CourtAlabama Supreme Court

Rehearing Denied Feb. 15, 1912.

Appeal from Chancery Court, De Kalb County; W. H. Simpson, Chancellor.

Suit by Mary A. Loring against Sidnia Shannon Grummon and others. From a decree of dismissal, complainant appeals. Affirmed.

See, also, 57 So. 818.

Boykin & Bailey and A. G. Levy, for appellant.

Howard & Hunt, for appellees.

ANDERSON, J.

This bill seeks the reformation of a deed taken by Chas. A. Loring in his own name upon the theory that the land was bought by him as trustee for the complainant, his wife, and with her funds. With the testimony of the complainant as to the transaction with her deceased husband properly excluded, the only theory upon which she could support the bill is that she owned the hotel property; that this little strip was necessarily bought for the purpose of completing ownership to the spring and making it an inseparable part of the hotel property; and that it was paid for with funds earned by her in running the hotel. In a companion case to this one in 57 So. 818, we held that Chas. A. Loring, and not the respondent, owned the hotel property; therefore she has utterly failed to make out her case, and the chancery court properly dismissed her bill of complaint.

The decree of the chancery court is affirmed.

Affirmed.

All the Justices concur, except DOWDELL, C.J., not sitting.

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8 cases
  • Ryan v. Ryan, 6 Div. 893
    • United States
    • Alabama Supreme Court
    • May 29, 1958
    ...251 Ala. 529, 38 So.2d 484; Scott v. McGill, 245 Ala. 256, 16 So.2d 866; Browning v. Kelly, 124 Ala. 645, 27 So. 391; Loring v. Grummon, 176 Ala. 240, 57 So. 819; Dunn v. Martin, 230 Ala. 684, 163 So. 323; Watkins v. Carter, 164 Ala. 456, 51 So. 318; see also Adams v. Griffin, 253 Ala. 371,......
  • Jennings v. Jennings
    • United States
    • Alabama Supreme Court
    • November 20, 1947
    ... ... the decedent's death. Dunn v. Martin, 230 Ala ... 684, 163 So. 323; ... [33 So.2d 255.] ... Smith v. Cook, 220 Ala. 338, 124 So. 898; Loring ... v. Grummon, 176 Ala. 240, 57 So. 819; Federal Land ... Bank v. Curington, 233 Ala. 263, 171 So. 361; Dicus ... v. Childress, 128 Ala. 617, 29 ... ...
  • Jones v. Jones, 4 Div. 320.
    • United States
    • Alabama Supreme Court
    • May 25, 1944
    ...testify as to statements made to her by her deceased husband, under the very words of the statute. Sec. 433, Title 7, Code. Loring v. Grummon, 176 Ala. 240 The trial court also found that at the time the deed was executed, the indebtedness to S. T. Jones was about $5,003.76. The record show......
  • Goodgame v. Dawson
    • United States
    • Alabama Supreme Court
    • February 19, 1942
    ...238; Boykin v. Smith, 65 Ala. 294; Barnes v. White, 195 Ala. 588, 71 So. 114; Jernigan v. Gibbs, 206 Ala. 93, 89 So. 196; Loring v. Grummon, 176 Ala. 240, 57 So. 819. It said not to apply to the protection of those who though claiming title through the deceased, derive such claim from trans......
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