Guin v. Guin
Supreme Court of Alabama
Appeal from Lamar Chancery Court. Heard before Hon. W. H. Simpson. Bill by Eliza B. Guin against G. L. Guin, her husband, and others. From a decree for respondents, complainant appeals. The bill alleges that Mrs. Eliza Guin gave $85 to her husband with instructions to use it, as previously proposed by him, in the purchase of a tract of land, the deed to be made to Mrs. Guin.
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Appeal from Lamar Chancery Court. Heard before Hon. W. H. Simpson. Bill by Eliza B. Guin against G. L. Guin, her husband, and others. From a decree for respondents, complainant appeals. The bill alleges that Mrs. Eliza Guin gave $85 to her husband with instructions to use it, as previously proposed by him, in the purchase of a tract of land, the deed to be made to Mrs. Guin. Her husband paid for the land with the money, but took the deed (dated November 25, 1907) to himself, which condition of the title remained unknown to the wife for several years. The bill seeks to establish a resulting…
1Opinion of the Court
SOMERVILLE, J.(1) To establish a simple resulting trust —as where one person furnishes the money for the purchase of land, and the title is erroneously or wrongfully taken in the name of another — it is well settled that the money must have been paid before or at the time of the purchase.—Tilford v. Torrey, 53 Ala. 120; Preston v. McMillan, 58 Ala. 84; Lehman v. Lewis, 62 Ala. *223129; Long v. King, 117 Ala. 423, 23 South. 534; Haney v. Legg, 129 Ala. 619, 30 South. 34, 87 Am. St. Rep. 81.
The “time of the purchase,” however, within the operation of this rule, can only mean the time of the…
2Cases cited12 opinions
- Lehman v. LewisSupreme Court of Alabama · 1878
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Haney v. LeggSupreme Court of Alabama · 1900
- Boykin v. SmithSupreme Court of Alabama · 1880
- Hodges v. DennySupreme Court of Alabama · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Talley v. TalleySupreme Court of Alabama · 1946
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Niehuss v. FordSupreme Court of Alabama · 1949
- J. A. Owens & Co. v. BlanksSupreme Court of Alabama · 1932
- Miles v. RhodesSupreme Court of Alabama · 1930
12 more not listed; retrieve them via the Exa API.