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155 Ala. 458

Mitchell v. Wright

Supreme Court of Alabama

Decided April 16, 1908

Supreme Court of Alabama · decided 1908-04-16

Bill to Enforce Trust or for Specific Performmice. Appeal from Cherokee Chancery Court. Heard before Hon. W. W. Whiteside. Bill by W. J. Mitchell against G. W. Wright to compel the execution of a deed to complainant, Decree for respondent on demurrer, and complainant appeals.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1908-04-16

How this case has been cited

Cited by 9 later decisions — most recently March 1974

9 state decisions

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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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DOWDELL, J.

¶1It is not certain whether the purpose of the complainant’s bill is to "establish and enforce a trust, or for the specific performance of a contract. As a bill for the, establishment of a trust, the facts averred are wholly insufficient. The mere promise by one, without more, to purchase land for another, is not a contract out of which a court of equity will raise a trust, when the party buys the land and pays for it with his own money and takes the deed to himself. In the case as made by the bill the complainant furnished no money to pay for the land, nor, indeed, even a consideration to support the alleged promise made by the respondent to buy the land in question for the complainant. The facts averred are insufficient to create a trust relation.

¶2As a bill for the specific performance of a contract it is defective in averment. It fails to set out with sufficient particularity and clearness the terms of the contract. Moreover, the bill avers that the respondent was to make a deed to the complainant upon the payment *462by him of the purchase money, and fails to show a sufficient tender. The chancellor committed no error in sustaining the demurrer to the bill.

¶3Affirmed.

Tyson, C. J., and Anderson and Mcclellan, JJ., concur.
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