Mobile Life Insurance v. Randall
Supreme Court of Alabama
Appeal from Etowah Chancery Court. Heard before Hon. N. S. Gtbaham:. The bill in this cause was filed on 20th July, 1879, by the Mobile Life Insurance Company, a body corporate, against R. O. Randall and Josephine T. Randall, his wife, to foreclose a mortgage on land executed by them to secure a debt which the husband, who held the legal title, owed the complainant.
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Appeal from Etowah Chancery Court. Heard before Hon. N. S. Gtbaham:. The bill in this cause was filed on 20th July, 1879, by the Mobile Life Insurance Company, a body corporate, against R. O. Randall and Josephine T. Randall, his wife, to foreclose a mortgage on land executed by them to secure a debt which the husband, who held the legal title, owed the complainant. Mrs. Randall filed a cross-bill, seeking to have a trust in the land established in her. favor, on the ground that the land was purchased with moneys belonging to her as her statutory separate estate. The case made by the record…
1Opinion of the Court
BRICKELL, 0. J.
The purpose of the cross-bill filed by Mrs. Randall is to establish a resulting trust in the mortgaged premises, upon the -ground that they were purchased by her1 husband, the mortgagor, with money, her statutory estate, held by him as trustee, and the conveyance of the legal estate taken to himself. Trusts of this kind will be established by a court of equity, when the facts from which they arise are averred with distinctness and precision, and, if denied or not admitted,, shown by clear, full and convincing evidence.-Lehman v. Lewis, 62 Ala. 129; Tilford v. Torrey, 53 Ala.…
2Cases cited15 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Lehman v. LewisSupreme Court of Alabama · 1878
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Wells v. MorrowSupreme Court of Alabama · 1861
- Tilford v. Torrey & LockwoodSupreme Court of Alabama · 1875
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- Nelson v. OwenSupreme Court of Alabama · 1896
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