Hatton v. Landman
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. E. D. Townes. • ■ This bill was filed by James Landman and Julia, his wife, and John M. Lynch and Nancy, Ms wife, against Mary A. W. Hatton, the widow and devisee of James Hatton, deceased, and Edmund Toney; and its object was to establish and enforce, for complainants’ benefit, a resulting trust [in certain lands, alleged to have been purchased by said James Hatton, and to have been paid for with money…
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Appeal from the Chancery Court of Madison. Heard before the Hon. E. D. Townes. • ■ This bill was filed by James Landman and Julia, his wife, and John M. Lynch and Nancy, Ms wife, against Mary A. W. Hatton, the widow and devisee of James Hatton, deceased, and Edmund Toney; and its object was to establish and enforce, for complainants’ benefit, a resulting trust [in certain lands, alleged to have been purchased by said James Hatton, and to have been paid for with money advanced by his' mother. The substantial allegations of the bill are as follows: That, for several years prior to 1884, James…
1Opinion of the CourtRice, J.
The resulting trust alleged in the bill is a mere creature of equity, founded upon presumptive intention, and designed to carry that intention into effect, — not to defeat it. It will not attach in the person who supplies the purchase money, if it was not the intention of either party that the estate should vest in him or her. It will not be raised in opposition to the declaration of the person who advances the money, nor in opposition to the obvious purpose and design of the .transaction. The presumption of such a trust does not arise, from the mere fact that the purchase money is supplied…
2Cases cited1 opinion
- Erwin v. ErwinSupreme Court of Alabama · 1854
3Cited by10 opinions
- Lehman v. LewisSupreme Court of Alabama · 1878
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- You v. FlinnSupreme Court of Alabama · 1859
- Malone v. KelleySupreme Court of Alabama · 1875
- Sykes v. SykesSupreme Court of Alabama · 1954
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