Foster v. Beidler
Supreme Court of Arkansas
Appeal from Miller Chancery Court; James D. Shaver, Chancellor; STATEMENT by ti-iE court. This suit is by appellee against appellant Foster et al. to set aside certain deeds.
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Appeal from Miller Chancery Court; James D. Shaver, Chancellor; STATEMENT by ti-iE court. This suit is by appellee against appellant Foster et al. to set aside certain deeds. The complaint alleged that appellee is the only heir of H. M. Beidler, and reached his majority on July 31, 1897; “that H. M. Beidler some time before his death was the owner of a large landed estate in, at and near the city of Texarkana, 'Arkansas; that he became involved in domestic difficulties, ending in a separation and divorce from his wife, Amanda J. Beidler; that his business was that of speculator in real…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. If we should concede that the complaint stated a cause of action, still the proof in our opinion was not sufficient to establish a resulting, trust. To establish a resulting trust by parol, the proof must be “full, clear and convincing.” Camden v. Bennett, 64 Ark. 156; Crow v. Watkins, 48 Ark. 169; Johnson v. Richardson, 44 Ark. 365; Crittenden v. Woodruff, 11 Ark. 82. To sustain appellee’s contention, we must set aside solemn instruments of writing purporting to convey title absolute-which were entered upon record. To sustain his contention, we also, in…
Also in this document: Concurrence.
2Cases cited4 opinions
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- Goerke v. RodgersSupreme Court of Arkansas · 1905
- Johnson v. RichardsonSupreme Court of Arkansas · 1884
- Crow v. WatkinsSupreme Court of Arkansas · 1886
3Cited by5 opinions
- Murphy v. Citizens' BankSupreme Court of Arkansas · 1907
- Parks v. ThomasSupreme Court of Arkansas · 1919
- Davenport v. HudspethSupreme Court of Arkansas · 1906
- Tipton v. PhillipsSupreme Court of Arkansas · 1928
- Hubbard v. McMahonSupreme Court of Arkansas · 1915