Lee v. Browder
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. Adam C. Felder. The bill in this case was filed by Martin H. Browder against William H. Lee, and sought to establish a resulting trust in certain lands, of which the complainant was in possession, and to enjoin an action at law which the defendant had instituted to recover them. The legal title to the lands was taken in the name of Hardy Browder, since deceased, who was the complainant’s father.
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Appeal from the Chancery Court of Pike. Heard before the Hon. Adam C. Felder. The bill in this case was filed by Martin H. Browder against William H. Lee, and sought to establish a resulting trust in certain lands, of which the complainant was in possession, and to enjoin an action at law which the defendant had instituted to recover them. The legal title to the lands was taken in the name of Hardy Browder, since deceased, who was the complainant’s father. After his death, the lands rvere sold by his administrator, under an order of the probate court, and were bought at that sale by the…
1Opinion of the CourtBrickell, J.
The allegations of the complainant’s bill, on which the right to relief depends, are, that he sent his father the money with which to purchase the lands in controversy; and that the purchase was made for him, with the money so furnished, but the conveyance of title was made to the father alone. The transaction thus alleged, if properly proved, creates a resulting trust. The authorities are uniform, and have definitively settled, that the trust of the legal estate, whether it is of freehold or of leasehold, results to him who advances the purchase-money, without regard to the person in whose…
2Cases cited3 opinions
- Garrett v. Garrett's HeirsSupreme Court of Alabama · 1856
- Larkins v. RhodesSupreme Court of Alabama · 1837
- Fitzpatrick's Adm'r v. HarrisSupreme Court of Alabama · 1845
3Cited by10 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Montgomery v. McNuttSupreme Court of Alabama · 1926
- Barger v. BargerOregon Supreme Court · 1897
- Sanders v. SteeleSupreme Court of Alabama · 1899
- Rudulph v. BurginSupreme Court of Alabama · 1929
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