Phillips v. Phillips

The bill sought to have declared a trust in favor of the complainants against the defendants as “the repository of title to the lands,” formerly held by the parties as joint owners and sold by order of the court for division.

Demurrer was sustained to the bill as amended; hence the appeal.

In the recent decision of Woods v. Wright (Ala. Sup.) 134 So. 865, 1 is the recognized principle that nothing can call into activity the powers of a court of equity except conscience, good faith,' and a reasonable diligence, and where these are wanting the court is passive. Gordon’s Adm’r v. Ross & Wife, 63…