Tillman v. Kifer
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Bill by Ruby E. Tillman and others against Lucy E. Kifer, and others to enforce a trust in land. Decree for respondents and complainants appeal. This trust does not fall within the statute of frauds.
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. Bill by Ruby E. Tillman and others against Lucy E. Kifer, and others to enforce a trust in land. Decree for respondents and complainants appeal. This trust does not fall within the statute of frauds. A trust arises when property has been conveyed to one person and accepted by him for the benefit of another. — McCarty v. McCarty, 74 Ala, 552; Krassioell v. Jones, 68 Ala. 420. The relations between the parties bring this case within the influence of Kyle v. Perdue, 95 Ala. 576; Noble v. ■Moses, 81 Ala. 530. Mrs. Kifer could not…
1Opinion of the CourtSayre, J.
In '1891' Robert J. Tillman, being on the eve of a failure in business and a general assignment for the benefit of his creditors, made a deed to his sister, Mrs. Lucy E. Kifer, of certain lots in Tillman’s addition to the city of Bessemer on a recited consideration of $600. Now this bill is filed by the children of Robert J., averring that the lots were conveyed on the trust and confidence that the grantee would hold them for complainants, and would at a later time execute a deed to the alleged beneficial owners. There is no semblance of trust shown on the face of the deed. No facts are…
2Cases cited4 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Noble's Adm'r v. Moses Bros.Supreme Court of Alabama · 1886
- Kyle v. PerdueSupreme Court of Alabama · 1891
- Cresswell's Adm'r v. JonesSupreme Court of Alabama · 1880
3Cited by8 opinions
- Rudulph v. BurginSupreme Court of Alabama · 1929
- Willard v. SturkieSupreme Court of Alabama · 1925
- Phillips v. PhillipsSupreme Court of Alabama · 1931
- Chesser v. MotesSupreme Court of Alabama · 1914
- Bartlett v. BartlettSupreme Court of Alabama · 1930
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