Dozier v. Freeman
Mississippi Supreme Court
Error to the chancery court of Pontotoc county. Pollard, Chancellor. The opinion of the court contains a sufficient statement of the case. In order to establish a resulting trust, the payment of the money must precede the purchase. 13 S. & M. 53; 3 Rand. 263; 5 Mumf. 314; 10 Pet. 177; Story Eq. PI. 214; 6 Cow. 726 ; 2 Johns. Ch. 409; 3 Paige, 390; 1 J. J. Marsh, 3; 1 Johns.
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Error to the chancery court of Pontotoc county. Pollard, Chancellor. The opinion of the court contains a sufficient statement of the case. In order to establish a resulting trust, the payment of the money must precede the purchase. 13 S. & M. 53; 3 Rand. 263; 5 Mumf. 314; 10 Pet. 177; Story Eq. PI. 214; 6 Cow. 726 ; 2 Johns. Ch. 409; 3 Paige, 390; 1 J. J. Marsh, 3; 1 Johns. Ch. 1. A trust results where A. purchases land in my name, at my request, and with my money, but takes the deed in his own name; the law implies a trust from the transaction. But the payment of the money must be clearly…
1Opinion of the Court
Simrall, J.:
The legal questions arise on this state of facts: The complainant, Freeman, had an equitable title to the southeast \ of sec. 1, town. 10, range 4 east, and came to an agreement with Dozier and Brame to sell and convey to Brame, for a price agreed upon, Freeman to take a slave by the name of Harriet, at the price of $1,000 for the cash payment. The slave was held by Dozier, as trustee for Leonora Lockhart, nee King, the granddaughter of Brame. Brame, discovering that the legal title was in Wells, paused in the consummation of the purchase, when another arrangement was made, by…
2Cases cited1 opinion
- L. M. Wiley & Co. v. GrayMississippi Supreme Court · 1858
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