Olds v. Marshall
Supreme Court of Alabama
Sill in Equity to enforce Resisting Trust in Lands. Appeal from the Chancery Court of Jackson. Heard before the Hon. Thomas Cobbs.
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Sill in Equity to enforce Resisting Trust in Lands. Appeal from the Chancery Court of Jackson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 28th December, 1886, by Mrs. Martha E. Olds, against G. Humphrey Marshall, who was her brother; and sought to enforce a resulting trust in a tract of land, which had once belonged to A. Marshall, their father, and of which he continued in possession until his death hr March, 1886. By deed dated October 1st, 1868, said A. Marshall and wife conveyed said tract of land to the complainant, who was then unmarried, on the recited…
1Opinion of the Court
STONE, O. J.
— The complainant and defendant are brother and sister. A. Marshall, their father, was the original owner of the land, the subject of this suit, and lived on it until his death in 1886. In 1879, the land was sold under a decree in chancery, to satisfy a judgment debt of A. Marshall, the father; *141and Washington became the purchaser, bidding and paying the amount of the judgment under which it was sold. It does not appear that Washington ever obtained possession of the land. Just before the expiration of the two years after the sale, the land was redeemed from Washington. At that…
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