Beard v. Childress

Supreme Court of Alabama

Beard v. Childress

4 Ala. 411

CourtSupreme Court of Alabama

DecidedJune 15, 1842

StatusPublished

Cited by1 cases

This text of 4 Ala. 411 (Beard v. Childress) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beard v. Childress, 4 Ala. 411 (Ala. 1842).

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Opinions

ORMOND, J.

The instrument referred to in the bill of exceptions is exceedingly ambiguous, leaving it doubtful whether it was the intention of the parties to vest the legal title in the father or in the children.

We incline, however, to the opinion, that it was intended that the legal title should be in the father, as, otherwise, it is not probable that it would have been disclosed in the bill of sale that he was acting as the trustee of his children.

From this view it follows that the decision of the Court was correct, and its judgment is therefore affirmed.

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ORMOND, J.

The instrument referred to in the bill of exceptions is exceedingly ambiguous, leaving it doubtful whether it was the intention of the parties to vest the legal title in the father or in the children.

We incline, however, to the opinion, that it was intended that the legal title should be in the father, as, otherwise, it is not probable that it would have been disclosed in the bill of sale that he was acting as the trustee of his children.

From this view it follows that the decision of the Court was correct, and its judgment is therefore affirmed.

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Bluebook (online)

4 Ala. 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beard-v-childress-ala-1842.

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