Carter Bros. v. Challen
Supreme Court of Alabama
Appeal from the Chancery Court of Colbert. Heard before the Hon. Thomas Cobbs. The bill in this ease was filed on the 21st January, 1886, by William Challen, against Carter Brothers & Co., judgment creditors of William P. Challen, and against said William P. Challen and others, as heirs at law of James Challen, deceased; and prayed relief as follows — 1st, an injunction to restrain the sale of certain town lots in Tuscumbia, of which the complainant was in possession, and on…
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Appeal from the Chancery Court of Colbert. Heard before the Hon. Thomas Cobbs. The bill in this ease was filed on the 21st January, 1886, by William Challen, against Carter Brothers & Co., judgment creditors of William P. Challen, and against said William P. Challen and others, as heirs at law of James Challen, deceased; and prayed relief as follows — 1st, an injunction to restrain the sale of certain town lots in Tuscumbia, of which the complainant was in possession, and on which the sheriff had levied an execution against said Wm. P. Challen, issued on a judgment which Carter Brothers & Co.…
1Opinion of the CourtSomebyille, J.
— A question of controlling importance is the ownership of the money which was paid to the sheriff, in satisfaction of the amount bid for the land at the sheriff’s sale by James Challen. The Chancellor found that this money was the property of the complainant, William Challen, and that its payment created in his favor an equity by way of resulting trust, which attached to the legal title, if any was conveyed by the sheriff’s deed executed to James Challen. We have examined the testimony accurately, and are *138of tbe opinion that it sustains the Chancellor’s finding, admitting the rule, in all…
2Cases cited5 opinions
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Brunson v. BrooksSupreme Court of Alabama · 1880
- Tutwiler v. MontgomerySupreme Court of Alabama · 1882
- Bates v. KellySupreme Court of Alabama · 1885
- Dickerson v. CarrollSupreme Court of Alabama · 1884
3Cited by5 opinions
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Guin v. GuinSupreme Court of Alabama · 1916
- Anthe v. HeideSupreme Court of Alabama · 1887
- Munn v. AcheySupreme Court of Alabama · 1895
- Sutley v. Dothan Oil Mill Co.Supreme Court of Alabama · 1938