Rose v. Gibson
Supreme Court of Alabama
Appeal from Lawrence Chancery Court. Heard before Hon. Thomas Cobbs. The bill in this cause was hied in November, 1880, the day of the month not shown, by William F. Eose and Julia E. Eose, his wife, against Orson D. Gibson and Mary J. Gibson, liis wife, Joseph Lee and Eebecca Lee, his wife, Eobert Wilson and Martha Wilson, his wife, and James M., Jacob, and Levi Warren; and its material averments are, in substance, as follows: Levi E. Warren, late of Lawrence county in this…
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Appeal from Lawrence Chancery Court. Heard before Hon. Thomas Cobbs. The bill in this cause was hied in November, 1880, the day of the month not shown, by William F. Eose and Julia E. Eose, his wife, against Orson D. Gibson and Mary J. Gibson, liis wife, Joseph Lee and Eebecca Lee, his wife, Eobert Wilson and Martha Wilson, his wife, and James M., Jacob, and Levi Warren; and its material averments are, in substance, as follows: Levi E. Warren, late of Lawrence county in this State, died intestate, about the year 1870, leaving Nancy A. Warren, his widow, and, as his only heirs-at-law, the said…
1Opinion of the CourtStone, J.
The present bill was filed to establish a resulting trust, in lands in Lawrence county. Our statute of frauds, Code of 1876, § 2199, following the English statute of 29th Charles the Second, exempts from its operation such trusts as result by implication or construction of law, or which may be transferred or extinguished by operation of law. Mr. Justice Stoey — Eq. Jur. § 1201 — defines this species of trust as follows: “’Where aman buys land in the name of another, and pays the consideration-money, the land will generally be held by the grantee in trust for the person who so pays the…
2Cases cited2 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Lide v. Parker'sSupreme Court of Alabama · 1877
3Cited by14 opinions
- Texas Land & Loan Co. v. WinterTexas Supreme Court · 1900
- Lauderdale v. Peace Baptist ChurchSupreme Court of Alabama · 1944
- Ex Parte DunlapSupreme Court of Alabama · 1923
- White v. FarleySupreme Court of Alabama · 1886
- Brock v. BrockSupreme Court of Alabama · 1890
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