Edwards v. Rogers
Supreme Court of Alabama
Appeal from the Chancery Court of Lee. Heard before the Hou. N. S. Graham. The facts are stated in the opinion. When a trust rests upon an agreement, the agreement must be in writing and signed by the party creating or declaring the trust. — Code of 1876, § 2199; Patton v. Beecher 62 Ala. 579. A resulting trust is founded on the equitable, principle, that the beneficial ownership follows the consideration and results to the party from whom the consideration moves. — Central…
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Appeal from the Chancery Court of Lee. Heard before the Hou. N. S. Graham. The facts are stated in the opinion. When a trust rests upon an agreement, the agreement must be in writing and signed by the party creating or declaring the trust. — Code of 1876, § 2199; Patton v. Beecher 62 Ala. 579. A resulting trust is founded on the equitable, principle, that the beneficial ownership follows the consideration and results to the party from whom the consideration moves. — Central Law Journal, Vol. 22, 393; Lehman, et al. o. Lewis, 62 Ala. 129 ; Smith v. Burnham, 2 Sum., 435; Foioke v. Slaughter, 3…
1Opinion of the CourtClopton, J.
— The bill is filed by appellee for the redemption of the land in controversy, and seeks to establish and enforce the performance of a parol agreement, in opposition to the terms and legal effect of an absolute conveyance, executed by the Register in Chancery to James K. Edwards. The case made by the bill is, that the land was sold, in March, 1882, by the Register under a decree of sale, rendered by the Chancery Court in favor of complainant .against Thomas Gordon, to pay the purchase-money due by Gordon to complainant. That complainant, being unable to raise money to pay the costs, had an…
2Cases cited5 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Brantley v. WestSupreme Court of Alabama · 1855
- Danner Land & Lumber Co. v. Stonewall InsuranceSupreme Court of Alabama · 1884
- Parks v. ParksSupreme Court of Alabama · 1880
3Cited by5 opinions
- Moseley v. MoseleySupreme Court of Alabama · 1888
- City Nat. Bank of Lawton, Okl. v. Lummus Cotton Gin Sales Co.Court of Appeals of Texas · 1927
- Dorman v. KnappSupreme Court of Alabama · 1969
- Duncan v. LeonardSupreme Court of Alabama · 1948
- Thomas v. LivingstonSupreme Court of Alabama · 1906