Robinson v. Robinson
Supreme Court of Iowa
Appeal from Des Moines District Court, Plaintiffs ave the childven and heivs of A. S. and Jane A. Pobinson. Theiv mothev was the danghtev and one of the heivs of William Woods. The grandfather died in 1854, the mothev in 1852, and the fathev in 1858. The defendant, M. W. Pobinson, is the administrate!’ of the estate of A. S. Pobinson.
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Appeal from Des Moines District Court, Plaintiffs ave the childven and heivs of A. S. and Jane A. Pobinson. Theiv mothev was the danghtev and one of the heivs of William Woods. The grandfather died in 1854, the mothev in 1852, and the fathev in 1858. The defendant, M. W. Pobinson, is the administrate!’ of the estate of A. S. Pobinson. Ilis co-dcfendant, Sterritt, recovered a judgment against said administrator, in October, 1862, for near $2,900, upon a debt contracted before the purchase of the land as hereinafter stated. The bill alleges that the grandfather (Woods) left a valuable estate;…
1Opinion of the CourtWeight, J.
1. trust: implied or resulting. There is but little, if .any, controversy as to the law of this case. The rule is not denied, that if land is purchased by one, with money fur- , ' nislied by another, an implied or resulting trust arises, and the former becomes a trustee for the latter. It is also conceded that the party setting up the trust in such case has the burden of proof, and that he must establish it by evidence which is clear, satisfactory and conclusive, and not by loose and random conversations.
2. _ guardian and ward. Guided by these rules, we have only to inquire, for the present,…
2Cited by13 opinions
- Easton v. SomervilleSupreme Court of Iowa · 1900
- Webb v. BaileyWest Virginia Supreme Court · 1895
- Zunkel v. ColsonSupreme Court of Iowa · 1899
- Gilmer v. NeuenswanderSupreme Court of Iowa · 1947
- Finch v. GarrettSupreme Court of Iowa · 1897
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