Lehman v. Lewis
Supreme Court of Alabama
Appeal from Bullock Chancery Court. Heard before Hon. B. B. McCraw. The opinion states the ease. It is enacted that no trust concerning lands, except such as results by implication or construction of law, or which may be •transferred or extinguished by operation of law, can be created, unless by instrument in writing. — Rev. Code, § 1590. By this statute, all trusts are prohibited which do not result from operation of law; from certain facts being shown to exist, and…
Read the full summary
Appeal from Bullock Chancery Court. Heard before Hon. B. B. McCraw. The opinion states the ease. It is enacted that no trust concerning lands, except such as results by implication or construction of law, or which may be •transferred or extinguished by operation of law, can be created, unless by instrument in writing. — Rev. Code, § 1590. By this statute, all trusts are prohibited which do not result from operation of law; from certain facts being shown to exist, and independent of any agreement. A resulting trust is not founded on any contract, and a verbal agreement to purchase lands for…
1Opinion of the CourtBrickell, C. J.
The bill was filed by the appellee, a married woman, and alleges, in substance, that in the latter part of 1869 her husband purchased for her, of one King, a tract of land, at the price of three thousand dollars. At the time of the purchase, one Henry -Clark had in his hands about three thousand dollars, the statutory estate of the appellee, and her brother, M. B. Locke, was the agent for its collection. To enable her husband to make the purchase of the lands, said Locke advanced to him, as a loan to her, the purchase-money of said lands, on the agreement that he was *131to be repaid from tbe…
2Cases cited9 opinions
- Howland v. BlakeSupreme Court of the United States · 1878
- Boyd v. DunlapNew York Court of Chancery · 1815
- Tilford v. Torrey & LockwoodSupreme Court of Alabama · 1875
- Baker v. ViningSupreme Judicial Court of Maine · 1849
- Kisler v. KislerSupreme Court of Pennsylvania · 1834
4 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Haney v. LeggSupreme Court of Alabama · 1900
- Acker v. PriestSupreme Court of Iowa · 1894
- Lauderdale v. Peace Baptist ChurchSupreme Court of Alabama · 1944
- Montgomery v. McNuttSupreme Court of Alabama · 1926
- Murphy v. ClaytonCalifornia Supreme Court · 1896
60 more not listed; retrieve them via the Exa API.