McMurry v. Mobley
Supreme Court of Arkansas
APPEAL from Yell Circuit Court. Hon. R. C. Newton, Special Judge. 1. Parol proof to establish a trust like this is unquestioned. 1 John. Gh., 583; Sib., 406-7-8; Story Eq., 1S10-11; 1 Qreenl. Ev., S66; 4 Kent Gom., 305; 9 Ark., 518; 13 ib., 187; 11 ib.,8S; 15 ib., 315. A resulting trust not within statute of frauds. Gantt’s Digest, seo., S963; S John. Gh., 408-9-10-11-1S-13; Dyer v. Dyer, Lead.
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APPEAL from Yell Circuit Court. Hon. R. C. Newton, Special Judge. 1. Parol proof to establish a trust like this is unquestioned. 1 John. Gh., 583; Sib., 406-7-8; Story Eq., 1S10-11; 1 Qreenl. Ev., S66; 4 Kent Gom., 305; 9 Ark., 518; 13 ib., 187; 11 ib.,8S; 15 ib., 315. A resulting trust not within statute of frauds. Gantt’s Digest, seo., S963; S John. Gh., 408-9-10-11-1S-13; Dyer v. Dyer, Lead. Gas. in Eq., vol. 1, 138-40-1, and notes; 1 Wend., 6S6-648-9. 2. Where land is purchased and an agent takes the deed in his own name, he holds in trust for whoever furnished the purchase-money. Carter…
1Opinion of the CourtEakin, J.
Appellant brought this suit against the widow, heirs, and administrator of Herbert Mobley, to establish a trust, and obtain a legal title to certain lands in Arkansas. Upon the hearing the cause was dismissed for want of equity, and McMurry appeals.
He claims as vendee of W. K. Dial. The facts developed by the pleadings and evidence, appear substantially as follows : In the year 1860 Dial and Rogers, citizens of Tennessee, being in Arkansas, entered into negotiations with Bailey and Ray for the purchase of a tract of land in Yell County, but returned without completing the purchase. They…
2Cited by2 opinions
- Kelly v. KeithSupreme Court of Arkansas · 1905
- Morris v. Nowlin Lumber Co.Supreme Court of Arkansas · 1911