Anthe v. Heide
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Shabpe. The bill in this case was filed on the 4th August, 1886, by Frank Anthe and wife, againt Frank Heide and wife and one John Knaus; and sought to establish a resulting trust in a city lot in Birmingham, to the extent of an undivided one-half interest, as per the terms of an alleged verbal agreement between said Anthe and Heide, to the effect that the purchase should be made on joint…
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Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Shabpe. The bill in this case was filed on the 4th August, 1886, by Frank Anthe and wife, againt Frank Heide and wife and one John Knaus; and sought to establish a resulting trust in a city lot in Birmingham, to the extent of an undivided one-half interest, as per the terms of an alleged verbal agreement between said Anthe and Heide, to the effect that the purchase should be made on joint account, each paying one-half of the purchase money, and acquiring a half interest in the property for their respective wives.…
1Opinion of the CourtSomerville, J.
There is practically but one question in this case, and upon the solution of that turns the correctness or incorrectness of the conclusion reached by the chancellor, who dismissed the complainant’s bill. If the money paid for the lot in controversy was the money of Heide, then no trust in the land could result in favor of the complainants, by reason of any alleged parol promise by Heide to purchase the land, and hold it for the use of Mrs. Anthe, or to convey it to her on her request. Such an agreement would be void by virtue of our statute of frauds. White v. Farley, 81 Ala. 563; Patton v.…
2Cases cited4 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- White v. FarleySupreme Court of Alabama · 1886
- Bates v. KellySupreme Court of Alabama · 1885
- Carter Bros. v. ChallenSupreme Court of Alabama · 1887
3Cited by11 opinions
- Haney v. LeggSupreme Court of Alabama · 1900
- Kent v. DeanSupreme Court of Alabama · 1900
- Waddail v. VassarSupreme Court of Alabama · 1916
- City Loan & Banking Co. v. PooleSupreme Court of Alabama · 1907
- Jacksonville Public Service Corp. v. Profile Cotton MillsSupreme Court of Alabama · 1938
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