Carleton v. Rivers
Supreme Court of Alabama
Appeal from Chancery Court of Clarke. Heard before Hon. A. W. Dillard. The appellee, Rhoda Rivers, filed this bill against Carleton and others, seeking, in effect, to fasten a resulting trust on certain lands which her deceased husband had purchased, taking a conveyance direct to himself; the purchase money of which, she alleged, he paid with moneys of her separate estate.
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Appeal from Chancery Court of Clarke. Heard before Hon. A. W. Dillard. The appellee, Rhoda Rivers, filed this bill against Carleton and others, seeking, in effect, to fasten a resulting trust on certain lands which her deceased husband had purchased, taking a conveyance direct to himself; the purchase money of which, she alleged, he paid with moneys of her separate estate. The husband afterwards conveyed the lands by deed of trust, and they were subsequently sold to pay the debts secured, in pursuance of a power contained in the deed. Carleton, who purchased at the sale, and others claiming…
1Opinion of the CourtBrickell, C. J.
This cause was before this court at the June term, 1873, on an appeal from a decree of the chancellor sustaining a demurrer to the original bill, for want of *469equity. The decree was reversed, the court deciding the allegations of the bill disclosed an investment by the husband of the separate funds of the appellee in the purchase of the lands in. controversy, whereby a trust of the legal title resulted to her. The cause now returns on an appeal from a final decree on pleadings and proofs, establishing and enforcing the trust.
The general principle, that if one person purchase lands with the…
2Cases cited4 opinions
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Rogers v. MurrayNew York Court of Chancery · 1831
- McLemore v. PinkstonSupreme Court of Alabama · 1857
- Elliott v. BentlyWisconsin Supreme Court · 1863
3Cited by3 opinions
- Bates v. MorrisSupreme Court of Alabama · 1893
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Carter v. Worthington & SmithSupreme Court of Alabama · 1886