Greaves v. Atkinson
Mississippi Supreme Court
From the chancery court of Madison county. IioN. H. C. CONN, Chancellor. Appellants filed their bill against appellee to establish a resulting trust in certain lands.
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From the chancery court of Madison county. IioN. H. C. CONN, Chancellor. Appellants filed their bill against appellee to establish a resulting trust in certain lands. They allege that in 1853 their father purchased the land in his own name with money belonging to his wife, their mother; that their father was adjudicated a bankrupt, and the land in controversy was sold by order of the bankrupt court and purchased by J. M. McKee, who conveyed to Capital State Bank, which in turn conveyed to Win. Atkinson, the appellee. The bill alleges that Atkinson, at the time of his purchase, had notice of…
1Opinion of the CourtCooper, J.
Prior to the adoption of the code of 1857 a resulting trust arose' in favor of the wife when her money was used in the purchase of lands in his own name by the husband, under the same circumstances and to the same extent that such trust would have resulted to any other person supplying the purchase-money. 1 Perry on Trusts, 137, and note; 1 Pomeroy’s Eq. Jur. 422.
When all the facts and circumstances of a purchase from a trustee in a resulting trust are shown, and it thereby appears that a person is a purchaser for value and entitled to protection as such, he may raise the defense by demurrer…
2Cited by5 opinions
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- Jones v. GrimesMississippi Supreme Court · 1917
- Enterprise Plumbing Co. v. Bailey Mortgage Co.Mississippi Supreme Court · 1968
- Sayers & Scovill Co. v. DoakMississippi Supreme Court · 1921
- Dogan, Sheriff v. CooleyMississippi Supreme Court · 1939