Duncan v. Leonard

SIMPSON, Justice.

In order for a resulting trust to arise, one essential element is that, as a part of the original transaction, the consideration must have come from the complaining party at or before the time of the conveyance of the property. There must have been either payment of the agreed consideration or an unconditional and binding promise to pay. Talley v. Talley, 248 Ala. 84, 26 So.2d 586 and cases cited; Milner v. Stanford, 102 Ala. 277, 14 So. 644; Lehman v. Lewis, 62 Ala. 129.

It is observed that no pretext is made that any consideration was paid in. cash for appellee, Leonard, to…