Clarke v. Phillips

Candler, Justice.

(After stating the foregoing facts.) The plaintiff seeks to invoke the aid of equity by his prayer for a decree declaring the defendant to be a trustee ex maleficio, based upon the theory that the deed absolute on its face was actually made to secure a debt, and after its full payment, the defendant held title to the property in trust for the plaintiff, and after the alleged fraudulent sale, he became a trustee ex maleficio holding the plaintiff’s share in the proceeds of such sale. The plaintiff now contends that full payment of the alleged loan, together with the interest…