Tillman v. Murrell

Decided November 15, 1897

Supreme Court of Alabama · decided 1897-11-15

Heard before the Hon. Jebe N. Williams. The bill in this case was filed by the appellant, William L. Tillman,.against David J. Murrell and his wife, S. J. Murrell, and W. W. Maples and C. T. May; and sought to enforce upon certain described lands the lien of a registered judgment recovered by the complainant against David J. Murrell, and to have cancelled as a cloud on the title a conveyance from said Murrell to the defendants, Maples and May.

Good law ✅— No negative treatment on recordhow we know

Decided 1897-11-15

How this case has been cited

Cited by 4 later decisions — most recently February 1921

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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McCLELLAN, J.

¶1On the uncontroverted facts of this case, Murrell, upon the redemption by him of the land in controversy from the loan company, with money furnished by Maples and May under a parol contract to convey the same to said Maples and May, held the legal title in trust for the latter, not by virtue of the parol agreement but because of their having paid the consideration for the purchase by Murrell for them, and was a mere conduit thereof from the company to them. The trust resulted by operation of law, and its existence left no beneficial interest in Murrell which could be reached and subjected by his creditors. Such estates are not within the statutes against parol trusts in land, and may be established by parol evidence.

¶2The decree of the chancellor is in consonance with these views, and it will be affirmed.

¶3Affirmed.