Crow v. Watkins
Supreme Court of Arkansas
APPEAL from White Circuit Court, in Chancery. Eton M. T. Sanders, Judge. The consideration for the land having been paid by the estate of Travis Crow, and the deed being taken in the name of the widow of Travis Crow, a resulting trust arose in favor cf appellant as the only heir of Travis Crow, deceased. 16 Ark., 355; 48 ib., 193; Perry on Trusts, sec. 188. Such trust arises from the fact that the money of the cestui que trust, and not that of the grantee, was used in the…
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APPEAL from White Circuit Court, in Chancery. Eton M. T. Sanders, Judge. The consideration for the land having been paid by the estate of Travis Crow, and the deed being taken in the name of the widow of Travis Crow, a resulting trust arose in favor cf appellant as the only heir of Travis Crow, deceased. 16 Ark., 355; 48 ib., 193; Perry on Trusts, sec. 188. Such trust arises from the fact that the money of the cestui que trust, and not that of the grantee, was used in the purchasing of the land. 4® Ark., 68; Hill on Trustees, 91; Story’s Eq. Jur., 631. The trust in this case arose by…
1Opinion of the CourtCockrill, C. J.
¥e cannot regard the evidence adduced to establish a resulting trust in the lands in dispute as sufficient for that purpose. In order that parol evidence may have the effect of converting an 'absolute deed into a trust for the benefit of a stranger, it must be of such clearness and certainty of purpose as to leave no well founded doubt upon the subject. Robinson v. Robinson, 45 Ark., 481; Crittenden v. Woodruff, 11 ib., 82; Perry on Trusts, secs. 137-9.
There is but little positive testimony to the point in the record of this case. The appellant relies upon inferences drawn from the…
2Cited by9 opinions
- Tillar v. HenrySupreme Court of Arkansas · 1905
- Hughes Bros. v. RedusSupreme Court of Arkansas · 1909
- Nelson v. WoodSupreme Court of Arkansas · 1940
- Colegrove v. ColegroveSupreme Court of Arkansas · 1909
- Guion Mercantile Co. v. CampbellSupreme Court of Arkansas · 1909
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