Crawford v. Jones
Supreme Court of Missouri
Appeal from Morgan Circuit Court. — Hon. D. W. Shaclcleford, Judge. (1) In equity proceedings, the appellate court will review the evidence offered in the trial court. Beck v. Poland, 55 Mo. 26; Morey v. Staley, 54 Mo. 419. (2) The evidence is wholly insufficient to warrant or sustain the finding of the court.
Read the full summary
Appeal from Morgan Circuit Court. — Hon. D. W. Shaclcleford, Judge. (1) In equity proceedings, the appellate court will review the evidence offered in the trial court. Beck v. Poland, 55 Mo. 26; Morey v. Staley, 54 Mo. 419. (2) The evidence is wholly insufficient to warrant or sustain the finding of the court. Evidence to establish a resulting trust must be so clear, strong and unequivocal as to remove from the mind of the chancellor every reasonable doubt as to the existence of the trust. Adams v. Burns, 96 Mo. 361; Burdett v. May, 100 Mo. 13; Dailey v. Dailey, 125 Mo. 96; King v. Isley, 116…
1Opinion of the CourtValliant, J.
This is a suit in equity to establish a resulting trust. Plaintiff is the daughter of defendant and claims as the sole heir of her deceased mother, who was the wife of defendant.
The testimony showed that the defendant and plaintiff’s mother were married in Moniteau county in 1876, the plaintiff’s mother at that time being a minor with some estate in the hands of a curator. The defendant was an industrious young farmer, and after his marriage conducted his business *581on a rented farm. The only observable property that he had was a horse, but he testified that he also had at that time between…
2Cases cited7 opinions
- Shaw v. ShawSupreme Court of Missouri · 1885
- Burdett v. MaySupreme Court of Missouri · 1889
- King v. IsleySupreme Court of Missouri · 1893
- Adams v. BurnsSupreme Court of Missouri · 1888
- Jones v. ElkinsSupreme Court of Missouri · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cross v. CrossSupreme Court of Missouri · 1952
- Larue Ex Rel. Miller v. LarueSupreme Court of Missouri · 1927
- Reed v. SperrySupreme Court of Missouri · 1906
- Robbins v. RobbinsSupreme Court of Missouri · 1914