68 So. 863 | Ala. | 1915
Appellee filed her bill against appellants to declare and to enforce a constructive trust in land.
Complainant is a widow, and the bill alleges that she trusted and relied upon Davis to advise and direct her in her business matters, and in the management and settlement of some mortgages in which she was interested. The bill in effect alleges that Davis procured from complainant a deed to certain lands; that the deed recited that Davis paid the purchase price named, when in fact he had not so paid anything, but that the deed was obtained from her by him, for the purpose, as claimed by him, of being used in certain litigation of complainant, about which Davis was advising her, or which he was conducting for her; that after procuring the deed in this manner, and for this purpose only, he placed the deed upon record, and sold the lands mentioned in the deed to Compton & Johnson, and-refuses and declines to account to complainant for the purchase price received by him.
(2,. 3) The bill alleges in the alternative that J. Marion Johnson had notice of the trust, and of complainant’s equity when he purchased parts of the land, but prays, if it be found that he did not have such notice, but was a bona fide purchaser, then that Davis be re
It Avould serve no good purpose to discuss the bill at length, as related to each of these grounds of demurrer. Suffice it to say, the bill and the demurrers have been carefully examined, and Ave hold that the bill contains equity as to each of the respondents, and Avas not subject to any of the grounds of demurrer interposed to the bill. The laAV of this state as to such transaction has been so often and so fully stated that Ave need not further incumber the books by a restatement of it here. See Kyle v. Perdue, 95 Ala. 579, 10 South. 103; Pearce v. Gamble, 72 Ala. 341; Deming v. Lee, 174 Ala. 410, 56 South. 921. In this last decision there Avas a division of opinion as to the case made by the bill, but not as to the law in such cases, and in the opinion the authorities are reviewed at some length. The cases of Kent v. Dean, 128 Ala. 600, 30 South. 543, and Sanford v. Hammer, 115 Ala. 408, 22 South. 117, have each some features and facts similar to some of the facts alleged in this bill, and principles of lavv are there announced which give equity to this bill. — Rosenau v. Powell, 173 Ala. 123, 55 South. 789.
We find no error, and the decree of the trial judge is affirmed.
Affirmed.