Kelly v. Johnson
Supreme Court of Missouri
Error to St. Louis Land Court. This was an action commenced September 17,1856, against Benjamin Johnson and Prances A. Graham.
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Error to St. Louis Land Court. This was an action commenced September 17,1856, against Benjamin Johnson and Prances A. Graham. The petition set forth that in March, 1853, Johnson purchased and took to himself a conveyance of an undivided half of certain real estate; that he held it in trust for himself and one Robert Graham equally; that Graham had furnished one-half the purchase money under an understanding that they should be tenants in common of said interest in said land although the conveyance was made to Johnson alone; that Graham died about August 1,1855, having first devised his…
1Opinion of the CourtNapton, Judge
A resulting trust arises by operation of law, where the purchase money of an estate is paid by one and the legal title is made in another. In such case the person named in the conveyance is regarded as a trustee for the party from whom the consideration proceeds. This doctrine is based upon the common law principle that a feoffment without consideration results to the use of the feoffor. But the relation of trustee *252and cestui que trust in such cases must result from the facts which occur at the time of or anterior to the purchase, and can not be created by subsequent occurrences. Hence where…
2Cases cited1 opinion
- Russell v. AllenNew York Court of Chancery · 1843
3Cited by10 opinions
- Bender Ex Rel. Bender v. BenderSupreme Court of Missouri · 1920
- Furber v. PageIllinois Supreme Court · 1892
- Tenney v. SimpsonSupreme Court of Kansas · 1887
- Richardson v. ChampionSupreme Court of Missouri · 1898
- Sell v. WestSupreme Court of Missouri · 1894
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