Whaley v. Whaley
Supreme Court of Alabama
Appeal from Pike Chancery Court. Heard before Hon Jiro. A. Foster. The bill in this cause was filed on 25th September, 18^9, by James M. "Whaley and Elizabeth P. Massey against Isaac R. Whaley and others, for the purpose of establishing a resulting trust in certain lands in the bill described.
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Appeal from Pike Chancery Court. Heard before Hon Jiro. A. Foster. The bill in this cause was filed on 25th September, 18^9, by James M. "Whaley and Elizabeth P. Massey against Isaac R. Whaley and others, for the purpose of establishing a resulting trust in certain lands in the bill described. The facts from ■which, it is claimed, the trust results are stated in the bill to be substantially as follows: In 1858, Isaac Whaley departed this life intestate, seized and possessed of an ■ estate consisting, in part, of the lands described in the bill. These lands were sold under the order of the…
1Opinion of the CourtSOMEPdVTLLE, J.
It would seem clear, beyond doubt, on well settled principles, that the appellants, Whaley and Massey, had no resulting trust or equity in the land described in the bill as having been conveyed to Mrs. Whaley, the mother of appellants.
The rule is properly stated in Preston v. McMillan, 58 Ala. 84, that when a trustee invests trust funds or effects, held by him in a fiduciary capacity, in land or other property, and takes the title in his own name, or in the name of a stranger with notice of the trust, so long as such funds can be identified by being traced into specific property, the cestui…
2Cases cited8 opinions
- Lehman v. LewisSupreme Court of Alabama · 1878
- Patton v. BeecherSupreme Court of Alabama · 1878
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Coles v. Allen, Freer & IllgesSupreme Court of Alabama · 1879
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3Cited by17 opinions
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