Mitchell v. Wright
Supreme Court of Alabama
Bill to Enforce Trust or for Specific Performmice. Appeal from Cherokee Chancery Court. Heard before Hon. W. W. Whiteside. Bill by W. J. Mitchell against G. W. Wright to compel the execution of a deed to complainant, Decree for respondent on demurrer, and complainant appeals.
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Bill to Enforce Trust or for Specific Performmice. Appeal from Cherokee Chancery Court. Heard before Hon. W. W. Whiteside. Bill by W. J. Mitchell against G. W. Wright to compel the execution of a deed to complainant, Decree for respondent on demurrer, and complainant appeals. Bill by W. J. Mitcheli against G. W. Wright, with prayer that respondent bring into court a deed from Mrs. Bloodworth to him, discovering to the court a description of said property as shown by the deed, and for a decree commanding the execution by respondent to orator of a deed to said property as described in the deed…
1Opinion of the CourtDowdell, J.
It is not certain whether the purpose of the complainant’s bill is to "establish and enforce a trust, or for the specific performance of a contract. As a bill for the, establishment of a trust, the facts averred are wholly insufficient. The mere promise by one, without more, to purchase land for another, is not a contract out of which a court of equity will raise a trust, when the party buys the land and pays for it with his own money and takes the deed to himself. In the case as made by the bill the complainant furnished no money to pay for the land, nor, indeed, even a consideration to…
2Cited by9 opinions
- Isom v. JohnsonSupreme Court of Alabama · 1920
- Carkonen v. AlbertsWashington Supreme Court · 1938
- Blackburn v. McLaughlinSupreme Court of Alabama · 1918
- Baker v. HowisonSupreme Court of Alabama · 1925
- Green, Inc. v. SmithOhio Court of Appeals · 1974
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