Loring v. Grummon
Decision Date | 09 January 1912 |
Citation | 176 Ala. 240,57 So. 819 |
Parties | LORING v. GRUMMON ET AL. |
Court | Alabama 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.
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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Ryan v. Ryan, 6 Div. 893
...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,......
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Jones v. Jones, 4 Div. 320.
...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......
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