Legal Opinion

Thomas v. Thomas

Mississippi Supreme Court

Decided April 15, 1885PublishedCited by 11 opinions

Appeal from the Chancery Court of Attala County. Hon. R. W. Williamson, Chancellor. The case is stated in the opinion of the court. Where it was agreed verbally that one of three persons should buy in and hold for the others, and one bought and paid the purchase-money, it ivas held that there was no resulting trust. Farnham v. Clements, 51 Me. 426; Sheldon v. Sheldon, 3 Wis. 699; Morey v. Herrick, 18 Pa. St. 129; Measonv. Maine, 63-Pa.

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Appeal from the Chancery Court of Attala County. Hon. R. W. Williamson, Chancellor. The case is stated in the opinion of the court. Where it was agreed verbally that one of three persons should buy in and hold for the others, and one bought and paid the purchase-money, it ivas held that there was no resulting trust. Farnham v. Clements, 51 Me. 426; Sheldon v. Sheldon, 3 Wis. 699; Morey v. Herrick, 18 Pa. St. 129; Measonv. Maine, 63-Pa. St. 335. And when one agrees to purchase land and give another an interest in it, and he does purchase and pays his own money and takes the title in his own…

1Opinion of the CourtCoopee, J.

This is a bill filed by the appellee against the appellants, who are the heirs-at-law of one W. G. Thomas, to establish a resulting trust in certain lands. It appears that the land was owned by the State of Mississippi, having been acquired at a sale for taxes, and that the appellee and W. G. Thomas agreed to become the purchasers thereof, each paying one-half .of the purchase-money, the title to be taken in the name of W. G. Thomas, who was to convey an undivided half interest in the land to the appellee. A short time before the purchase the appellee sold to W". G. Thomas a mule, the price…

2Cases cited1 opinion

  1. Robinson v. LefloreMississippi Supreme Court · 1881

3Cited by11 opinions

  1. Brabham v. BrabhamMississippi Supreme Court · 1955
  2. Sample v. RomineMississippi Supreme Court · 1942
  3. Jackson v. JacksonSupreme Court of Georgia · 1920
  4. Saulsberry v. Saulsberry, Et Ux.Mississippi Supreme Court · 1955
  5. Bush v. BushMississippi Supreme Court · 1924

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