Winston v. Mitchell
Supreme Court of Alabama
Bill in Equity to establish Resulting Trust in Lands, or hold Purchaser liable as Trustee in invitum. Appeal from the Chancery Court of Sumter. Heard before the Hon. Vm. H. Tayloe.
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Bill in Equity to establish Resulting Trust in Lands, or hold Purchaser liable as Trustee in invitum. Appeal from the Chancery Court of Sumter. Heard before the Hon. Vm. H. Tayloe. The bill in this case was filed 1st February, 1887, by Mrs. Martha A. Mitchell, a married woman, against her father, A. A. Win-ton, and her'husband, Daniel Mitchell; and sought to establish and enforce a resulting trust in her favor in several tracts or parcels of land, which had belonged to her husband, and had been sold under execution against him, A. A. Winston becoming the purchaser, and taking the titles in…
1Opinion of the CourtClopton, J.
— We shall first consider the questions arising on the demurrer to the bill as amended after the cause was remanded on the former appeal. Except as to the statute of limitations and the vagueness and uncertainty of averments, the several grounds of demurrer may be comprehended in one general cause — namely, that the amendment introduces a new cause of action, makes a new case, and is a radical departure *559from the scope, objects and prayer of the original bill, as first amended. The special assignments of demurrer are specifications of .the particular matters in which the pleader alleges the…
2Cases cited14 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- King v. AverySupreme Court of Alabama · 1861
- Hunt v. AcreSupreme Court of Alabama · 1856
- Caldwell v. KingSupreme Court of Alabama · 1884
- Pitts v. PowledgeSupreme Court of Alabama · 1876
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3Cited by8 opinions
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- Ruffin v. CrowellSupreme Court of Alabama · 1950
- Southern Ry. Co. v. LeardSupreme Court of Alabama · 1905
- Wimberly v. Montgomery Fertilizer Co.Supreme Court of Alabama · 1901
- Rudulph v. BurginSupreme Court of Alabama · 1929
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