Ellis v. Drake
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by James Ellis against Alberta Drake to restrain dispossessing him under an execution in ejectment, and declare a trust in certain lands, and for general relief. From a decree sustaining demurrers to the bill, complainant appeals.
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Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by James Ellis against Alberta Drake to restrain dispossessing him under an execution in ejectment, and declare a trust in certain lands, and for general relief. From a decree sustaining demurrers to the bill, complainant appeals. A trust is created when one pays the purchase price, and a deed is made to another. 152 Ala. 375, 44 South. 616; 168 Ala. 314, 52 South. 914; Pomeroy, Equity Juris. § 1037; Story on Equity, § 1597; 28 Ala. 127; 129 Ala. 619, 30 South. 34, 87 Am. St. Rep. 81; 124 Ala. 415, 26 South. 882; 152 Ala.…
1Opinion of the CourtMcCLELLAN, J.
Appeal from decree sustaining respondent’s (appellee’s) demurrer to complainant’s (appellant’s) bill. The bill was filed on December 2, 1919, by the appellant against the appellee, his daughter. It is averred in the bill that in the year 1900 the appellant entered into a contract with C. R. and E. C. Nicholson for the purchase of certain realty; that he alone performed the contract and paid the entire purchase money, and thereupon became entitled to a conveyance of the píoperty; that immediately thereafter (1900) he went into the open, notorious, continuous adverse possession of the property,…
2Cases cited5 opinions
- Rosenau v. PowellSupreme Court of Alabama · 1911
- Schillinger v. LearySupreme Court of Alabama · 1917
- Manfredo v. ManfredoSupreme Court of Alabama · 1915
- Magnolia Land Co. v. Malone Investment Co.Supreme Court of Alabama · 1918
- Ellis v. DrakeSupreme Court of Alabama · 1919
3Cited by3 opinions
- Stover v. HillSupreme Court of Alabama · 1922
- Saint v. BritnellSupreme Court of Alabama · 1921
- Stover v. HillSupreme Court of Alabama · 1922