Seibold v. Christman
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. A resulting trust is created by operation of law. — Browne on Stat. Fr., sect. 89; 2 Sugden on Vend. 702, sect. 13. And cannot be established in favor of the husband by an oral agreement between him and his wife, the grantee. —Wag.
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Appeal from St. Louis Circuit Court. A resulting trust is created by operation of law. — Browne on Stat. Fr., sect. 89; 2 Sugden on Vend. 702, sect. 13. And cannot be established in favor of the husband by an oral agreement between him and his wife, the grantee. —Wag. Stats. 655, sect. 3. “ If a purchase be made by a husband in the name of his wife, it will not be considered as an implied trust, but she will be beneficially entitled.” — Perry on Tr., sects. 143, 144 ; Hill on Tr. 98; Story’s Eq. Jur., sect. 1203; 2 Madd. Ch. 119 ; Glaister v. Herver, 8 Yes. 199 ; Johnson v. Johnson, 16 Minn.…
1Opinion of the CourtHayden, J.
This is an action of ejectment brought by the children and heirs of Charles Seibold and his wife Johanna to recover a lot of land purchased with the money of the husband, but the deed to which was taken in the name of the wife. It appears that the husband, though earning money, was an improvident man, while his wife saved his money and managed for him. In January, 1871, the deed to the land was taken in the name of the wife, and thus held until she died, in April, 1872, leaving a wili by which she attempted to devise the lot to her husband. On May 6, 1872, Charles Seibold, for a valuable…
2Cited by11 opinions
- Price v. KaneSupreme Court of Missouri · 1892
- Lewis v. LewisSupreme Court of Missouri · 1945
- Schuster v. SchusterSupreme Court of Missouri · 1887
- Thierry v. ThierrySupreme Court of Missouri · 1923
- Ilgenfritz v. IlgenfritzSupreme Court of Missouri · 1893
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