Humphreys v. Butler
Supreme Court of Arkansas
APPEAL from Pulaski Chancery Court. D. W. Carroll, Chancellor. A trust will not result to one who pays a part only of the consideration of land conveyed to another, unless it be some definite part of the whole consideration. 2 Paige, 238; 15 Wend., 647. Under no circumstances will a resulting trust be greater than the part of the consideration paid.
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APPEAL from Pulaski Chancery Court. D. W. Carroll, Chancellor. A trust will not result to one who pays a part only of the consideration of land conveyed to another, unless it be some definite part of the whole consideration. 2 Paige, 238; 15 Wend., 647. Under no circumstances will a resulting trust be greater than the part of the consideration paid. Hill on Trustees, 144; 7 B. Mon., 433; 9 Paige, Chy., 334; 4 J. J. Marsh., 590; 6 Cowen, 706; 35 Me., 41; 14 Ill., 505. The claim is stale. 41 Ark., 301. Lapse of time and laches will bar a recovery. Courts do not enforce stale •claims. Perry on…
1Opinion of the CourtBattle, J.
Edward Johnigan enlisted in the army of the United States during the late war between the States, and died in the service, and before the close of the war. At the time he enlisted he had a wife, Clarissa by name, and when he died he left her surviving. He also had a brother Jacob, who survived him. In 1871 Jacob, without the knowledge, consent or authority of his brother’s widow, collected from the United States $149.52 as bounty due his brother Edward, and invested it in a certain lot in Little Rock, which he purchased, and which cost him $400. Clarissa married one Butler. Having discovered…
2Cases cited2 opinions
- Day v. . RothNew York Court of Appeals · 1858
- National Mahaiwe Bank v. BarryMassachusetts Supreme Judicial Court · 1878
3Cited by19 opinions
- Peine v. MurphyHawaii Supreme Court · 1962
- Red Bud Realty Co. v. SouthSupreme Court of Arkansas · 1910
- Texas Creosoting Co. v. Hartburg Lumber Co.Texas Commission of Appeals · 1929
- Thompson v. NesheimSupreme Court of Minnesota · 1968
- Indian Land & Trust Co. v. OwenSupreme Court of Oklahoma · 1916
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