61 Ala. 41 | Ala. | 1878
The object of the present bill is, first, to establish a partnership between defendant and Angelo M.
It will be observed that the bill does not disclose, or attempt to disclose, in what the partnership property consisted, when it is alleged it was placed in the hands of Antonio, defendant, in trust. It does not appear whether it was real or personal property, or what was its value. No attempt is made to set forth the date or contents of the paper writing, by which, it is averred, the trust was acknowledged. Nor is it shown in what manner, or in what description of property, Antonio was to invest the funds of Angelo, charged to have been left with him in trust for investment. Neither is any date or time fixed, after Angelo’s return from Europe in 1856, when Antonio, “ from time to time,” promised “ to account for the partnership property, and for the real and personal property held by said defendant in trust for him, the said Angelo M. Phillippi,” nor is it averred to what extent, if any, Antonio admitted himself liable to account. Everything is stated in the most general and indefinite terms. It is a cardinal rule to construe equity pleadings most strongly against the pleader. Under this rule, no act in recognition of the partnership or trust, is averred to have been done after the year 1848. The present bill was filed twenty-nine years afterwards. Even if we attach any importance to the alleged promise to account after Angelo returned from Europe, this was twenty-one years before this suit was commenced. IVe fully concur with the chancellor that the present complainants have slumbered too long on their claim to have it entertained in a court of equity. — Rhodes v. Turner, 21 Ala. 210; Austin v. Jordan, 35 Ala. 642; Goodwyn v. Baldwin, 59 Ala. 127; Dawson v. Hoyle, 58 Ala. 44; Bradford v. Spyker, 32 Ala. 134; Harrison v. Heflin, 54 Ala. 552.
The claim of dower is equally lost to the demandant, Mrs. Angela F. Philippi. It falls within neither of the subdivisions of section 2232 of the Code of 1876. Her husband was not “seized in fee during the marriage.” According to the lapse of time, during which her husband slumbered on
Affirmed.