Winkfield v. Brinkman
Supreme Court of Arkansas
Error from Barton District Court. Action brought by J. W. Winkfield against G. L. Brinkman and Alice P. Brinkman, to enforce a trust. At the September Term, 1878, of the district court, the defendants’ general demurrer to the petition was sustained, of which ruling Wink-field complains, and brings the case here. The facts are sufficiently stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action to enforce a trust. A demurrer to the petition was sustained, and this is the ruling complained of. The doctrine declared in Stark v. Starrs, 6 Wall. 419, “that where one party has acquired the legal title to property to which another has a better right, a court of equity will convert him into a trustee of the true owner, and compel him to convey the legal title,” and approved by this court in Moody v. Arthur, 16 Kas. 428, is not questioned by either party; but the contention of counsel for defendant in error is, that the…
2Cases cited4 opinions
- Stark v. StarrsSupreme Court of the United States · 1868
- Budd v. KramerSupreme Court of Kansas · 1874
- Moody v. ArthurSupreme Court of Kansas · 1876
- Allen v. HoustonSupreme Court of Arkansas · 1878
3Cited by4 opinions
- Sarbach v. SarbachSupreme Court of Kansas · 1912
- Flitch v. BoyleSupreme Court of Kansas · 1938
- Eyestone v. CommissionerUnited States Board of Tax Appeals · 1928
- Page v. HarperSupreme Court of Kansas · 1906