Owensby v. Chewning
Missouri Court of Appeals
Error to Scott Circuit Court. — Hon. Henry C. Riley, Judge. (1) The evidence fails to establish a resulting trust. ‘ ‘ Testimony as to verbal admissions of persons since deceased is to be received with great allowance, and whenever it is attempted to prove a resulting trust by virtue of such admissions, the testimony must be clear, strong and unequivocal and leave no room for doubt in the mind of the chancellor as to the existence of such trust. ” Johnson v. Quarles, 46 Mo.…
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Error to Scott Circuit Court. — Hon. Henry C. Riley, Judge. (1) The evidence fails to establish a resulting trust. ‘ ‘ Testimony as to verbal admissions of persons since deceased is to be received with great allowance, and whenever it is attempted to prove a resulting trust by virtue of such admissions, the testimony must be clear, strong and unequivocal and leave no room for doubt in the mind of the chancellor as to the existence of such trust. ” Johnson v. Quarles, 46 Mo. 423; Davis v. Green, 102 Mo. 184; Modrell v. Riddle, 82 Mo. 31; Woodford v. Stephens, 51 Mo. 443; Ringo v. Richardson,…
1Opinion of the CourtYalliant, J.
Suit in equity to establish a resulting trust in eighty acres of land in Scott county.
Plaintiff is the daughter of Thomas Owensby, now-deceased. Her mother was Cordelia Owensby, the first wife of Thomas Owensby; Cordelia died in 1881, leaving the plaintiff her sole heir. After the death of her mother the plaintiff’s father married the defendant. Laura, who, after his death, married defendant J. K. P. Chewning; the other defendants are the minor children of plaintiff’s father by his second marriage.
The plaintiff’s evidence was to the effect that a tract of land, about 250 acres, in which her…
2Cases cited5 opinions
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Woodford v. StephensSupreme Court of Missouri · 1873
- Modrell v. RiddleSupreme Court of Missouri · 1884
- Davis v. GreenSupreme Court of Missouri · 1890
3Cited by1 opinion
- Middelton v. ReeceSupreme Court of Missouri · 1951