Stevenson v. Haynes
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — No». Win. C. Ellison, Judge. (1) The trust declared on is an express trust and must be proved by writing. Hillman v. Allen, 145 Mo. 638. (2) A resulting trust must be coeval with the making of the deeds. Niver v. Crane, 98 N. T. 40. (3) And must be proved beyond a reasonable doubt. Stnith v. Smith, 201 Mo. 547. (4) No trust will result for the person who advances the money as a loan. 1 Leading Cas. in Eq. (4 Am.
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Appeal from Nodaway Circuit Court. — No». Win. C. Ellison, Judge. (1) The trust declared on is an express trust and must be proved by writing. Hillman v. Allen, 145 Mo. 638. (2) A resulting trust must be coeval with the making of the deeds. Niver v. Crane, 98 N. T. 40. (3) And must be proved beyond a reasonable doubt. Stnith v. Smith, 201 Mo. 547. (4) No trust will result for the person who advances the money as a loan. 1 Leading Cas. in Eq. (4 Am. Ed.), p. 323. (5) And the fact that the lender was to share in the profits of the rents and increased price on sale would not create a trust. 15…
1Opinion of the CourtGantt, P. J.
This is an appeal from a decree of the circuit court of Nodaway county. The suit was begun on the 19th of January, 1905. The defendants are the widow and minor son of Tennie E. Haynes, deceased, and the administrator of said deceased, and a tenant of the real estate involved in the litigation.
The petition in substance states that on or about the 27th day of August, 1903, during the lifetime of Tennie E. Haynes, the plaintiff and said Haynes for the purpose of speculation bought from Ada and Fred E. Crawford for the consideration of $3,840 the southeast quarter of the southwest quarter of…
2Cases cited8 opinions
- Botsford v. BurrNew York Court of Chancery · 1817
- Shaw v. ShawSupreme Court of Missouri · 1885
- Hughes v. MooreSupreme Court of the United States · 1812
- Kintner v. JonesIndiana Supreme Court · 1890
- Stratton v. EdwardsMassachusetts Supreme Judicial Court · 1899
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3Cited by7 opinions
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