Legal Opinion

Bates v. Kelly

Supreme Court of Alabama

Decided December 15, 1885PublishedCited by 18 opinions

Appeal from Jefferson Chancery Court. Heard before lion. Thomas Cobbs. This was a bill in equity exhibited on 4th March, 1882, by Gfeorge C. Kelly against Horatio B. Tulane and Louis A.Bates, and alleged, in substance: That on a specified date complainant entered into an oral contract with II.

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Appeal from Jefferson Chancery Court. Heard before lion. Thomas Cobbs. This was a bill in equity exhibited on 4th March, 1882, by Gfeorge C. Kelly against Horatio B. Tulane and Louis A.Bates, and alleged, in substance: That on a specified date complainant entered into an oral contract with II. B. Tnlane, whereby said Tnlane was to advance to complainant, as a loan, the sum of $4,050.00 to be expended by complainant in the purchase of a lot in the city of Birmingham and the erection thereupon of a suitable storehouse to enable said George C. Kelly to carry on a hardware business; that…

1Opinion of the CourtSomerville, J.

It must be admitted that, if Tulane advanced the money in controversy to the complainant, Kelly, by way of a loan, and had the title of the land, which was purchased with it, taken to himself as security for its payment, he would hold the property updn a resulting trust for Kelly, and upon the repayment of the amount, would be compelled to convey, so far as he himself is concerned. — Rose v. Gibson, 71 Ala. 35; Boyd v. McLean, 1 John. Ch. 582; Lehman v. Lewis, 62 Ala. 129; Perry on Trusts, § 133; Walker v. Elledge, 65 Ala. 51; Rhea v. Tucker, 56 Ala. 450. Such a trust, being one which results…

2Cases cited7 opinions

  1. Lehman v. LewisSupreme Court of Alabama · 1878
  2. Walker v. ElledgeSupreme Court of Alabama · 1880
  3. Elliott v. BoazSupreme Court of Alabama · 1846
  4. Harden v. Darwin & PulleySupreme Court of Alabama · 1880
  5. Robbins v. Battle House Co.Supreme Court of Alabama · 1883

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Pollak v. MillsapSupreme Court of Alabama · 1928
  2. Lynch v. HerrigMontana Supreme Court · 1905
  3. Pittock v. PittockIdaho Supreme Court · 1908
  4. Jacksonville Public Service Corp. v. Profile Cotton MillsSupreme Court of Alabama · 1938
  5. Sanders v. SteeleSupreme Court of Alabama · 1899

13 more not listed; retrieve them via the Exa API.

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