Martin v. Kelly
Supreme Court of Alabama
Appeal -from Geneva Chancery Court. Heard before ITon. W. L. Parks. This was a bill filed by Sylvester Martin, Jr., and other children of Sylvester Martin, Sr., for the purpose of declaring and enforcing a resulting trust in certain lands, the deed to which was taken in the name of Martin, Sr., but which were 'alleged to have been paid for by complainants’ uncle for their use and benefit.
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Appeal -from Geneva Chancery Court. Heard before ITon. W. L. Parks. This was a bill filed by Sylvester Martin, Jr., and other children of Sylvester Martin, Sr., for the purpose of declaring and enforcing a resulting trust in certain lands, the deed to which was taken in the name of Martin, Sr., but which were 'alleged to have been paid for by complainants’ uncle for their use and benefit. The bill was filial against Kelly, grantee of Sylvester Martin, Sr. From a decree in favor of respondent, upon pleadings and proof, complainants appeal. upon the points decided by the court, cited Olemmwis…
1Opinion of the CourtDowdell, J.
— On the former appeal in this case (Martin, et al. Kelly, 113 Ala. 577), which appeal was taken from the decree of the chancellor sustaining a motion to dismiss the bill for Ararat of equity, it was *203then held that on the averments of the bill a resulting trust was 'created in. favor of the complainants and that ¡the decree dismissing the bill for want of equity was erroneous. The question of the statute of limitations and staleness of demand was not presented for consideration on that appeal. It appears from the bill, as well as the facts as now presented, that the resulting trust sought to…
2Cases cited7 opinions
- James v. JamesSupreme Court of Alabama · 1876
- Robinson v. PierceSupreme Court of Alabama · 1897
- Nettles v. NettlesSupreme Court of Alabama · 1880
- Philippi v. PhilippiSupreme Court of Alabama · 1878
- Brackin v. NewmanSupreme Court of Alabama · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Miles v. RhodesSupreme Court of Alabama · 1930
- Fowler v. FowlerSupreme Court of Alabama · 1921
- Henslee v. MerrittSupreme Court of Alabama · 1955
- Zeigler v. ZeiglerSupreme Court of Alabama · 1913
2 more not listed; retrieve them via the Exa API.