Carlson v. Erickson
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Carl Carlson against E. W. Erickson to enforce a resulting trust in land. Decree for respondent and complainant appeals. Under thb facts in this case a resulting trust arose as to the forty acres of land in complainant. — Sanders v. Steele, 12b Ala. 415; Carter v. Callan\, 83 Ala. 135. The principal laid down in the case of Anthe v. Heide, 85 Ala. 236; should, control in this case.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Carl Carlson against E. W. Erickson to enforce a resulting trust in land. Decree for respondent and complainant appeals. Under thb facts in this case a resulting trust arose as to the forty acres of land in complainant. — Sanders v. Steele, 12b Ala. 415; Carter v. Callan\, 83 Ala. 135. The principal laid down in the case of Anthe v. Heide, 85 Ala. 236; should, control in this case. Even if no resulting trust arose the appellant is entitled to the decree vesting him with title to the forty acres on account of…
1Opinion of the CourtSaybe, J.
Appellant, who was complainant in the chancery court, sought to'have a resulting trust declared for his benefit to one-half of a certain 80-acre tract of land. His insistence was that he had furnished one-half of the first payment of the purchase money, and promised to pay one-half of the balance with the understanding and agreement that the beneficial ownership was to be as he sought to have it declared; the legal title having been taken in the name of the defendant. The bill set out certain alternative aspects of the facts; but, as complainant’s evidence was adduced in support of the aspect…
2Cases cited4 opinions
- Bates v. KellySupreme Court of Alabama · 1885
- Sanders v. SteeleSupreme Court of Alabama · 1899
- Anthe v. HeideSupreme Court of Alabama · 1887
- Hodges v. VernerSupreme Court of Alabama · 1892
3Cited by9 opinions
- Jackson v. JacksonSupreme Court of Georgia · 1920
- J. A. Owens & Co. v. BlanksSupreme Court of Alabama · 1932
- Meagher v. HarringtonMontana Supreme Court · 1927
- Hooks v. HooksSupreme Court of Alabama · 1953
- Shirley v. McNealSupreme Court of Alabama · 1962
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