(DOWNLOAD) "Bernard Hooks v. Lula Hooks" by Supreme Court of Alabama " eBook PDF Kindle ePub Free
eBook details
- Title: Bernard Hooks v. Lula Hooks
- Author : Supreme Court of Alabama
- Release Date : January 28, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
GOODWYN, Justice. Appeal by respondent from a final decree in equity declaring a resulting trust in certain real property
in favor of appellee, complainant below. Incident to the granting of such relief the decree awarded to respondent (appellant),
out of the lands here involved, an acre tract on which respondent had built a home. The position taken by appellant is that
the trial court erred (1) in decreeing a resulting trust in favor of appellee, and (2) in failing to award to appellant that
part of the land on which a store building is located. It is apparent that the award of the one-acre tract to appellant, and
refusal to award that part of the land on which the store building is located, resulted from an effort by the court to adjust
the equities between the parties. Whether the trial court erred in the two respects indicated are the questions for decision. This is the second appeal in this case. On the first appeal we affirmed the trial court's decree overruling demurrer to the
bill. Hooks v. Hooks, 258 Ala. 427, 63 So.2d 348, Respondent then answered the bill and evidence (except for deposition of
one witness) was taken orally before the chancellor.