Condit v. Maxwell
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. The agreement between H. Clay Sexton and Thos. Maxwell, under which the land in controversy was conveyed to the latter, did not, according to the pleadings and proofs in the case, create a constructive trust in Maxwell for the benefit of plaintiffs, as found by the trial court.
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. The agreement between H. Clay Sexton and Thos. Maxwell, under which the land in controversy was conveyed to the latter, did not, according to the pleadings and proofs in the case, create a constructive trust in Maxwell for the benefit of plaintiffs, as found by the trial court. (1) Constructive trust only results from imposition or fraud practiced by the one sought to be charged as the trustee in acquiring title to the trust property, and there was no misrepresentation or other fraud practiced by Thomas Maxwell in…
1Opinion of the CourtMacfarlane, J.
The suit is in equity to set aside certain deeds conveying a tract of about fifty-three acres of land situate in St. Louis county. The pleadings are quite lengthy, and a statement of the facts *271upon which they are predicated will only be necessary in order to make the issues understood.
Prior to March, 1884, H. Clay Sexton owned the undivided half of a tract of land in Clinton county, Illinois, and plaintiff Margaret Sexton (who afterward married Condit) and R. E. Lee Sexton owned each the undivided one fourth of the same, as heirs of John Sexton, deceased. Defendant Thomas Maxwell was the…
2Cases cited3 opinions
- Eoff v. IrvineSupreme Court of Missouri · 1891
- Hall v. HallSupreme Court of Missouri · 1891
- Schradski v. AlbrightSupreme Court of Missouri · 1887
3Cited by25 opinions
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- First State Bank v. MussigbrodMontana Supreme Court · 1928
- Turner v. EdmonstonSupreme Court of Missouri · 1908
- Campbell v. Sheraton Corp. of AmericaSupreme Court of Missouri · 1952
- Purvis v. HardinSupreme Court of Missouri · 1938
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