Dougherty v. Adkins
Supreme Court of Missouri
Appeal from Clay Circuit Court.—Hon. Geo. W. Dunn, Judge. This suit is a proceeding by bill in equity, praying that the title to certain lots, conveyed to defendant by a sheriff’s deed, and, also, by a trustee’s deed, be vested in plaintiff, and that defendant be required to account for rents received by him thereon. It was error, therefore, in the court to enter up a common law judgment for $537.23, and award against defendant a general execution.
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Appeal from Clay Circuit Court.—Hon. Geo. W. Dunn, Judge. This suit is a proceeding by bill in equity, praying that the title to certain lots, conveyed to defendant by a sheriff’s deed, and, also, by a trustee’s deed, be vested in plaintiff, and that defendant be required to account for rents received by him thereon. It was error, therefore, in the court to enter up a common law judgment for $537.23, and award against defendant a general execution. The bill does not deny that the money paid by defendant for the lots was his own. The money being his own, there cannot be a resulting trust to…
1Opinion of the Court
Ewing, C.
The plaintiff commenced suit by filing the following petition:
“Plaintiff states that heretofore, to-wit, on the 18th day of June, A. D., 1875, one James G-. Adkins executed and delivered unto Lewis B. Dougherty, plaintiff in the above entitled cause, his certain deed of trust, dated the day and year aforesaid, and filed in the office of the recorder of deeds, on said day and year aforesaid, by which he granted, bargained and sold, aliened, transferred, and conveyed unto said Lewis B. Doughei’ty a large quantity of goods and chattels of great value, to-wit, of about the value of $—:-a…
2Cases cited2 opinions
- Baldwin v. WhaleySupreme Court of Missouri · 1883
- Bank of Kentucky v. PoyntzSupreme Court of Missouri · 1875
3Cited by2 opinions
- Lamont v. Lamont Crystallized Egg Co.Missouri Court of Appeals · 1904
- Russell v. AdkinsMissouri Court of Appeals · 1887