Long v. King

• Decision Date: 28 April 1898
• Citation: 117 Ala. 423,23 So. 534
• Parties: LONG ET AL. v. KING.
• Court: Alabama Supreme Court

23 So. 534

117 Ala. 423

LONG ET AL. v. KING.

Supreme Court of Alabama

April 28, 1898

Appeal from chancery court, Walker county; Thomas Cobbs, Chancellor.

Suit in equity by William R. King, Sr., against H. W. Long, as administrator of the estate of John W. King, deceased, and others. From an order overruling demurrers to the bill defendants appeal. Reversed.

The bill in this case was filed by the appellee against the appellants, and sought to have a trust declared in certain tracts of land. The facts of the case, as averred in the bill, are sufficiently stated in the opinion. The defendants demurred to the bill upon the following grounds: (1) Because the bill fails to allege that the several payments made for the land were made before or at the time of the execution of the several conveyances. (2) Because the said bill fails to show that any of the said payments were made by John W. King deceased, at the time of the purchase. (3) Because the said bill shows that the said estate was duly declared insolvent before complainant filed said bill to establish an implied lien in the said lands, and therefore the lien of complainant is dissolved. (4) Because the said bill shows that the said alleged purchase-money payments were all made between the years of 1882 and 1891, and the bill was not filed, seeking to establish an implied lien on the land, until after the estate of said John W. King was duly declared insolvent by the judge of Walker county. (5) Because the said bill shows that the creditors of the estate of the said John W. King have a lien upon all the lands belonging to said estate including the lands in Schedule A, attached to complainant's bill, by reason of the order of the insolvency of the estate of said John W. King, deceased, by the probate court of Walker county, and fails to show any notice to the creditors of the claim of complainant. (6) Because the said conveyance was made to the son of complainant, and not sufficient facts are alleged to overcome the presumption that it was intended as an advancement by complainant. (7) Because the facts alleged in said bill show that complainant is now estopped from enforcing said trust. (8) Because the said bill shows laches on the part of the complainant, in this: A large part of said land was purchased by the said John W. King, deceased, more than six years before the filing of said bill, and the said bill fails to show any excuse for not bringing suit long ago. (9) Because the said bill seeks to establish a resulting trust in lands and shows that the payment for the tract of land numbered 3 in Schedule A is barred by the statute of limitations of six years. (10) Because the said bill seeks to establish a resulting trust in lands, and shows that the payment for the tract of land numbered 10 in Schedule A is barred by the statute of limitations of six years. (11) Because the bill shows that the administrator has taken possession of the lands in which a trust is sought to be established, and a decree of insolvency in said administration has been rendered by the probate court of Walker county, Ala. (12) Because the bill shows that the property in which a trust is sought to be established had been, by the decree of the probate court of Walker county, made a specific fund for the payment of the debts of the estate of John W. King, deceased, before the filing of the bill in this cause. On the submission of the cause on the demurrers, the chancellor rendered a decree overruling them; and from this decree the defendants appeal, and assign the rendition thereof as error.

Coleman & Bankhead, for appellants.

Appling & McGuire, for appellee.

BRICKELL C.J.

This appeal is taken from a decretal order overruling a demurrer to a bill of complaint filed by appellee on June 30, 1896, to have a trust declared in his favor in a large number of tracts of land, which are alleged to have been purchased at various times between the years of 1883 and 1891 by John W. King, a son of complainant, with money, notes, goods, and accounts belonging to complainant. The said John W. King died intestate previously to the institution of the suit, and his estate had been duly declared insolvent; and the administrator, the heirs at law, and distributees, and the creditors of the estate are made parties defendant to the bill.

When a trust is sought to be established and ingrafted upon a conveyance absolute in its terms, the complainant must, by his bill, distinctly and precisely aver the facts from which it is claimed to arise, and, when necessary, rebut by appropriate allegations any presumptions against the trust which may arise from the facts relied on. We are of the opinion the facts averred in the bill are totally insufficient to show any equity in the lands, or to create any trust therein, in favor of complainant. The only facts averred, out of which it is claimed the trust arises, are, in substance, that John W. King, while acting as complainant's confidential agent, and manager of his mercantile business, having exclusive control of the business, keeping the books, selling goods, collecting accounts, etc., received conveyances in his own name of the several tracts of land, which he had bought and paid for with money, goods, notes, and accounts belonging to complainant. It is further averred that "complainant has elected to ratify and confirm, and does now ratify and confirm, each and every one of said transactions referred to and described in said Schedule A; and he releases the several grantors therein mentioned from all responsibility to him, in any manner whatever, with reference to said transactions,"-Schedule A being a list of the several purchases of land made by the son, the dates thereof, the consideration paid, and the names of the grantors. These acts create neither a technical resulting trust, such as arises by implication of law when the purchase money of land is paid or advanced by one person and the title is taken in the name of another, nor a constructive trust in invitum, such as the law will enforce when a trustee or agent misappropriates and invests in lands the funds of...