United States v. Webb

1 Citing case

  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.