Butler v. Watrous
Supreme Court of Alabama
Appeal from Shelby Chancery Court. Heard before Hon. W. W. Whiteside. Bill by J. L. Watrous against Albert N. Butler and others, to enforce a constructive trust in land. Decree for complainants and respondents appeal. Under the well understood definition of a resulting trust complainant is not entitled to have such a trust declared in his favor in the Howison land. —62 Ala. 129; 3 Pom.
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Appeal from Shelby Chancery Court. Heard before Hon. W. W. Whiteside. Bill by J. L. Watrous against Albert N. Butler and others, to enforce a constructive trust in land. Decree for complainants and respondents appeal. Under the well understood definition of a resulting trust complainant is not entitled to have such a trust declared in his favor in the Howison land. —62 Ala. 129; 3 Pom. Eq. secs. 981, 1035-6-7; B. & A. R. R. Go. v. L. & N. R. R. Go., 152 Ala. 422; Watkins v. Garter, 164 Ala. 456. The only ground upon which a constructive trust or a trust ex mala ficio can be rested and is…
1Opinion of the CourtMoCLELLAN, J.
J. L. Watrous filed this bill against A. N. Butler, J. I. Butler, W. E. Crittenden, and the Montevallo Red Ash Coal Company, a corporation. As amended it sought to impress upon and enforce against certain lands, known in this litigation as the Howison lands, a trust in favor of Watrous. From the voluminous legal evidence noted on the submission, these conclusions of fact, after tailing due account of the inconsistencies appearing in the evidence, must result :(1) On January 7, 1909, Watrous owned 315 acres of coal-bearing land, known in this litigation as the Cary lands, and also certain…
2Cases cited7 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Pewabic Mining Co. v. MasonSupreme Court of the United States · 1892
- Manning v. PippenSupreme Court of Alabama · 1888
- Kent v. DeanSupreme Court of Alabama · 1900
- Brock v. BrockSupreme Court of Alabama · 1890
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3Cited by5 opinions
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- Wood v. WhiteSupreme Judicial Court of Maine · 1923
- Alabama Water Co. v. City of AnnistonSupreme Court of Alabama · 1933
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