Bibb v. Hunter
Supreme Court of Alabama
Appeal from the City Court óf Montgomery, in equity. Heard before the Hon. Thos. N. Arrington. The bill in this ease was filed on the 5th November, 1884, by Harry Hunter, against Frank Bibb and Ilarison-Bibb, of whom the former was a minor; and sought to establish a trust, in favor of the complainant, in a tract .of land containing one hundred and sixty acres, the legal title to which was in the defendants.
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Appeal from the City Court óf Montgomery, in equity. Heard before the Hon. Thos. N. Arrington. The bill in this ease was filed on the 5th November, 1884, by Harry Hunter, against Frank Bibb and Ilarison-Bibb, of whom the former was a minor; and sought to establish a trust, in favor of the complainant, in a tract .of land containing one hundred and sixty acres, the legal title to which was in the defendants. The land consisted of two eighty-acre parcels, which, together with another eighty-acre parcel, had belonged to the estate of Thos. M. Cowles, deceased ; and it was bought in November,…
1Opinion of the CourtClopton, J.
Section 2199 of the Code declares: “ 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, signed by the party creating or declaring the same, or his agent or.attorney, lawfully authorized thereto in writing.” The trusts, not included in the statute, are implied trusts — resulting, or constructive — such as spring out of the facts of the transaction, independent and exclusive of any agreement between the parties. Whenever the trust rests on an…
2Cases cited7 opinions
- Lehman v. LewisSupreme Court of Alabama · 1878
- Patton v. BeecherSupreme Court of Alabama · 1878
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- White v. CarpenterNew York Court of Chancery · 1830
- Blodgett v. HildrethMassachusetts Supreme Judicial Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Montgomery v. McNuttSupreme Court of Alabama · 1926
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Hillens v. BrinsfieldSupreme Court of Alabama · 1895
- Adams v. GriffinSupreme Court of Alabama · 1950
21 more not listed; retrieve them via the Exa API.