Legal Opinion

Sanders v. Steele

Supreme Court of Alabama

Decided November 15, 1899PublishedCited by 15 opinions

Appeae from Jefferson Chancery Court. Heard before Hon. Thomas Cobbs. The bill in this case was brought by William H. Sanders against Fannie A. Steele and others to establish a trust in certain real estate in the city of Birmingham, and also in a certain decree rendered by the chancery court of Jefferson county in favor of Fannie A. Steele against the mayor and aldermen of Birmingham, on account of damages to said real estate.

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Appeae from Jefferson Chancery Court. Heard before Hon. Thomas Cobbs. The bill in this case was brought by William H. Sanders against Fannie A. Steele and others to establish a trust in certain real estate in the city of Birmingham, and also in a certain decree rendered by the chancery court of Jefferson county in favor of Fannie A. Steele against the mayor and aldermen of Birmingham, on account of damages to said real estate. The case is so fully and clearly stated in the opinion that it is unnecessary to set out the facts here. — Where the purchase money is paid by one person, and the title…

1Opinion of the CourtHaralson, J.

— The contention of the complainant is, that the trust in question Avas an express trust, having been declared in writing by Fannie A. Steele, who Avill be referred, to hereafter as the defendant, and signed by her so as to satisfy the requisitions of the statute of frauds; and, further, that it Avas a resulting trust, by reason of complainant having paid one-half of the *417purchase money. The propositions insisted on by complainant’s counsel, as stated in their written argument, are, “1. That by the purchase of said property, complainant became entitled to an undivided half interest therein,…

2Cases cited9 opinions

  1. Lehman v. LewisSupreme Court of Alabama · 1878
  2. Patton v. BeecherSupreme Court of Alabama · 1878
  3. O'Bear Jewelry Co. v. Volfer & Co.Supreme Court of Alabama · 1894
  4. Bates v. KellySupreme Court of Alabama · 1885
  5. Porter & Blair Hardware Co. v. PerdueSupreme Court of Alabama · 1894

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3Cited by15 opinions

  1. Bowmaster v. CarrollCourt of Appeals for the Eighth Circuit · 1928
  2. Flesner v. CooperSupreme Court of Oklahoma · 1913
  3. Williams v. WilliamsSupreme Court of Alabama · 1954
  4. Koehler v. KoehlerIndiana Court of Appeals · 1919
  5. Sieger v. SiegerSupreme Court of Minnesota · 1925

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