United States v. Webb

5 Citing cases

  1. Sec. Fed. Sav. Loan Ass'n v. Underwood Coal Supply

    245 Ala. 56 (Ala. 1943)   Cited 12 times
    In Security Federal, the Alabama Supreme Court reversed the lower court decision allowing a materialman to recover under an equitable lien. Not only is the case distinguishable from the claim of Robertson, but the teaching of the case argues against granting Robertson's claim.

    That case illustrates clearly a constructive trust, and the court might well have so observed without more. Builders' Supply Co. v. Smith, 222 Ala. 554 (6), 133 So. 721; 26 R.C.L. 235, section 82; Deming v. Lee, 174 Ala. 410, 56 So. 921; Kent v. Dean, 128 Ala. 600, 30 So. 543; Browning v. Kelly, 124 Ala. 645, 27 So. 391; Summers v. Summers, 218 Ala. 420, 118 So. 912. Appellee here cannot rest on the principle of that case, since there was no misuse of his funds or effects in violation of confidential relations.

  2. Alabama Water Co. v. City of Anniston

    227 Ala. 579 (Ala. 1933)   Cited 12 times

    Black's Dictionary of Law; Bouvier's Law Dictionary. This is the statement, or effect, of the text of Mr. Pomeroy quoted in Kent v. Dean, 128 Ala. 600, 609, 610, 30 So. 543, 546, and Parrish v. Parrish, 33 Or. 486, 54 P. 352, to the following effect: "Such trusts, termed ex maleficio or ex delicto, are, as Mr. Pomeroy says, practically without limit, and in general, are practically applied, 'whenever the legal title to property, real or personal, has been obtained through actual fraud, misrepresentation, concealments, or through undue influence, duress, taking advantage of one's weakness or necessities, or through any other similar means or under any other similar circumstances which render it unconscientious for the holder of the legal title to retain and enjoy the beneficial interest, equity impresses a constructive trust on the property thus acquired in favor of the one who is truly and equitably entitled to the same, although he may never perhaps have had any legal estate therein; and a court of equity has jurisdiction to reach the property in the hands of the original wrongdoer, or in the hands of a subsequent holder, until a purchaser of it in good fait

  3. Summers v. Summers

    218 Ala. 420 (Ala. 1928)   Cited 40 times

    Royal Arcanum v. McKnight, 238 Ill. 349, 87 N.E. 299; Allen v. Cunningham, 143 Tenn. 11, 223 S.W. 450. In the case of Kent v. Dean, 128 Ala. 600, 30 So. 543, this court quotes from 2 Pom. Eq. §§ 1053, 1055, as follows: "Whenever the legal title to property, real or personal, has been obtained through actual fraud, misrepresentation, concealments [or etc.], or through any other similar means or under any other similar circumstances which render it unconscientious for the holder of the legal title to retain and enjoy the beneficial interest, equity impresses a constructive trust on the property thus acquired in favor of the one who is truly and equitably entitled to the same; * * * and a court of equity has jurisdiction to reach the property * * * until a purchaser of it in good faith and without notice acquires a higher right."

  4. Tallassee Oil Fertilizer Co. v. Royal

    209 Ala. 439 (Ala. 1923)   Cited 11 times

    This gives equity to the bill of complaint. DeBardeleben v. Bessemer L. Imp. Co., 140 Ala. 621, 37 So. 511; Lagarde v. Anniston Lime Stone Co., 126 Ala. 496, 28 So. 199; Kent v. Dean, 128 Ala. 600, 30 So. 543; 39 Cyc. p. 182, § 9. The bill is not multifarious.

  5. Edmondson v. Jones

    204 Ala. 133 (Ala. 1920)   Cited 66 times

    "Whenever the legal title to property, real or personal, has been obtained through actual fraud, misrepresentation, concealments, or through undue influence, duress, taking advantage of one's weakness or necessities, or through any other similar means or under any other similar circumstances which render it unconscientious for the holder of the legal title to retain and enjoy the beneficial interest, equity impresses a constructive trust on the property thus acquired in favor of the one who is truly and equitably entitled to the same, although he may never perhaps have had any legal estate therein; and a court of equity has jurisdiction to reach the property in the hands of the original wrongdoer or in the hands of a subsequent holder, until a purchaser of it in good faith and without notice acquires a higher right, and takes the property relieved of the trust." Kent v. Dean, 128 Ala. 600, 30 So. 543; Smith v. Smith et al., 153 Ala. 504, 45 So. 168. Under the doctrine of the foregoing cases, the respondent Edmondson and Castleberry, by acquiring property through fraud, as averred in the bill, are chargeable as trustees ex maleficio, and a court of equity will require them to account for the rents, income, and profits thereof, for the use and benefit of complainant, as well as divest them of the legal title and reinvest it in the complainant.