Supreme Court of Alabama, 1932

City Bank & Trust Co. v. Gardner

Supreme Court of Alabama · Decided June 9, 1932 · Brown, Anderson, Thomas, Knight

142 So. 535; 225 Ala. 136; 1932 Ala. LEXIS 409 (Southern Reporter)

Cases that cite this one

6 later published cases cite this decision.

Tierce v. MACEDONIA UNITED METHODIST CH. (Ala. 1987)
Darby v. McGregor (In re Darby) (United States Bankruptcy Court for the Middle District of Alabama 1998)
Ex parte Garner (Ala. 1966)
Gordon v. Central Park Little Boys League (Ala. 1960)
First Nat. Bank of Birmingham v. Huddleston (Ala. 1942)
Winston v. Winston (Ala. 1941)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BROWN, J.

It is well settled by the decisions of this court, which are in accord with the weight of authority, that an oral express trust in personalty may be created; that such trust does not offend the statutes of *138 fraud, and may be established and enforced in equity. Moore, Adm’r, v. Campbell, Ex’r, 113 Ala. 587, 21 So. 353; Id., 102 Ala. 445, 14 So. 780; Bishop’s Heirs v. Administrator & Heirs of Bishop, 13 Ala. 475; Barrell v. Hanrick, Adm’r, et al., 42 Ala. 60; Hill v. Hill et al., 216 Ala. 435, 113 So. 306; 26 R. C. L. 1194, § 30; Barnes v. Barnes, 282 Ill. 593, 118 N. E. 1004, 4 A. L. R. 4; Straw v. Mower, 99 Vt. 56, 130 A. 687.

Money secured by mortgage on real property is within this rule. 3 Pom. Eq. Juris., 2232, § 1008; Tapia v. Demartini, 77 Cal. 383, 19 P. 641, 11 Am. St. Rep. 288; 26 R. C. L. 1194, § 30.

The averments of the bill as last •amended bring this case within this principle. The demurrer to the bill as last amended was, therefore, overruled without error.

Affirmed.

ANDERSON, C. J., and THOMAS and KNIGHT, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.