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Legal Memorandum: Doctrine of "Resulting Trust" in AL

Issue: Under Alabama law, how is the doctrine of "resulting trust" applied?

Area of Law: Real Estate Law
Keywords: Doctrine of "Resulting Trust"; Applicability
Jurisdiction: Alabama
Cited Cases: 452 A.2d 148; 806 A.2d 140
Cited Statutes: None
Date: 07/01/2007

 

Another equitable doctrine, resulting trust, arises from the presumed intentions of the parties and upon the circumstances surrounding a particular transaction.  A resulting trust is found when a legal estate is acquired with accompanying facts and circumstances from which it can be inferred or assumed that the beneficial interest is not to go with the legal title.  See Adams v. Jankouskas, 452 A.2d 148, 152 (Del. 1982); 4 John Norton Pomeroy, A Treatise on Equity § 1031, at 61-63 (5th ed. 1941).  It is often used in cases in which, for instance, one person pays for the property, but another, for some reason, is named in the title thereto.  See, e.g., Hudak v. Procek, 806 A.2d 140, 146- 47 (Del. 2002). 

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