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.