Cooley v. Stringfellow
Supreme Court of Alabama
■ Appeal from Etowah Chancery Court. Heard before Hon. W. VW. Whiteside. Bill by Mattie I. Stringfellow against her father, H. R. Cooley, to establish a resulting trust in land.- Decree for complainant and respondent appeals. In order to establish cases of the character here sought the evidence must be clear and strong, unequivocal, and must establish the fact of the payment by the alleged beneficiary beyond doubt. — Pom. Eq.
Read the full summary
■ Appeal from Etowah Chancery Court. Heard before Hon. W. VW. Whiteside. Bill by Mattie I. Stringfellow against her father, H. R. Cooley, to establish a resulting trust in land.- Decree for complainant and respondent appeals. In order to establish cases of the character here sought the evidence must be clear and strong, unequivocal, and must establish the fact of the payment by the alleged beneficiary beyond doubt. — Pom. Eq. Sec. 1040-1041; Dooley v. Pinson, 89 South. 668; Lehman v. Lewis, 62 Ala. 129; Tilford v. Torey, 53 Ala. 120; Bibb v. Hunter, 79 Ala. 358; Allen v. Young, 88 Ala. 340;…
1Opinion of the CourtMayfield, J.
This is a sad and unfortunate case. It is a suit by a child against her father, and seeks to decree and enforce a resulting trust in and to certain lots, and the houses thereon, in the city of Gadsden, Ala. The hill charges that the father, under an agreement Avith the daughter, invested her money in the purchase of these lots and in erecting the houses thereon, and took the title thereto in his own name, and now refuses to,recognize the trust, or-to convey the property to her, and is attempting or is in the act of selling and conveying the same for his own benefit and *462for the purpose of…
2Cases cited7 opinions
- Alston v. AlstonSupreme Court of Alabama · 1859
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1900
- Watts v. SteeleSupreme Court of Alabama · 1851
- Greenwood v. ColemanSupreme Court of Alabama · 1859
- Stewart v. LewisSupreme Court of Alabama · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Watters v. First Nat. Bank of MobileSupreme Court of Alabama · 1936
- Garrett v. First Nat. Bank of MontgomerySupreme Court of Alabama · 1937
- Williams v. WilliamsSupreme Court of Alabama · 1919
- Worsham v. JohnsonSupreme Court of Alabama · 1935
- Payne v. GrahamAlabama Court of Appeals · 1925
2 more not listed; retrieve them via the Exa API.