Carroll v. Draughon
Supreme Court of Alabama
Appeal from Geneva Chancery Court. Heard before Hon. L. D. Gardner. Bill by D. S. Carroll against J. W. Draughon and others, to establish a resulting trust in land. Decree for respondent and complainants appeal.
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Appeal from Geneva Chancery Court. Heard before Hon. L. D. Gardner. Bill by D. S. Carroll against J. W. Draughon and others, to establish a resulting trust in land. Decree for respondent and complainants appeal. The application to have the land set apart to the widow as a homestead does not estop her or her vendee to seek the redress here sought. — Fa/ir cloth et al. v. Carroll, 137 Ala. 243. She was left in possession in her own right, and by no act of the husband, and hence her possession was notice of her claim.- — McLeod v. Bishop, 110 Ala. 645. The several declarations of her husband and…
1Opinion of the CourtSomerville, J.
The primary purpose of the bill of complaint is to declare a resulting trust in certain lands. The following essential facts are shown by the record: In 1888 one Kelley was living on the land in question, claiming it under a homestead entry, the status of which does not appear. In that year he sold and turned over his claim, possession, and improvements to one Delaware Peacock, the consideration for which was $185, which was paid out of money'belonging originally to Ophelia Peacock, his wife; the intention being to provide a home for himself, his wife, and his children. No written transfer is…
2Cases cited9 opinions
- Butts v. CooperSupreme Court of Alabama · 1907
- Clark v. BayleyOregon Supreme Court · 1874
- Moore v. MooreCalifornia Supreme Court · 1900
- Walker v. ElledgeSupreme Court of Alabama · 1880
- Shorman v. EakinSupreme Court of Arkansas · 1886
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3Cited by5 opinions
- Carroll v. DraughonSupreme Court of Alabama · 1911
- Hall v. HallSupreme Court of Alabama · 1941
- Hale v. McGrawSupreme Court of Alabama · 1917
- Peoples Building & Loan Ass'n v. WagnerCourt of Appeals of Kentucky (pre-1976) · 1944
- Genth v. GardnerSupreme Court of Colorado · 1928