Bates v. Kelly
Supreme Court of Alabama
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
- Lehman v. LewisSupreme Court of Alabama · 1878
- Walker v. ElledgeSupreme Court of Alabama · 1880
- Elliott v. BoazSupreme Court of Alabama · 1846
- Harden v. Darwin & PulleySupreme Court of Alabama · 1880
- Robbins v. Battle House Co.Supreme Court of Alabama · 1883
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3Cited by18 opinions
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- Lynch v. HerrigMontana Supreme Court · 1905
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- Sanders v. SteeleSupreme Court of Alabama · 1899
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