Philpot v. Penn
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. J. B. Gantt, Judge. The evidence clearly and conclusively establishes the facts to be substantially as stated in the petition, and from these facts a resulting trust arises in favor of appellant, which entitles him to the relief prayed for. A resulting trust may be proved by parol testimony.
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Appeal from Bates Circuit Court. — Hon. J. B. Gantt, Judge. The evidence clearly and conclusively establishes the facts to be substantially as stated in the petition, and from these facts a resulting trust arises in favor of appellant, which entitles him to the relief prayed for. A resulting trust may be proved by parol testimony. Groves v. Fulsome, 16 Mo. 543 ; Cason v. Cason, 28 Mo. 47 ; Johnson v. Quarles, 46 Mo. 423. Such testimony is admissible after the death of the nominal purchaser. Perry on Trusts, sec. 138; Bispham’s Equity, sec. 83; Kennedy v. Kennedy, 57 Mo. 73. A less degree of…
1Opinion of the CourtNorton, C. J.
It appears, from the record in this case, that, in 1857, at the United States land-office in Warsaw, a certain military land warrant for eighty acres of land, which had been issued to one Francis Sudbury, and by her assigned to S. Milton Penn, was located on 76.93 acres of land in Bates county, and a certificate of entry issued to said S. Milton Penn, who died in 1876, leaving as his heirs the defendants in this suit, against whom the suit was instituted in the Bates county circuit court in 1883, for the purpose of having the court decree, that the land so entered was held by said Penn and…
2Cases cited3 opinions
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Forrester v. ScovilleSupreme Court of Missouri · 1873
- Jackson v. WoodSupreme Court of Missouri · 1885
3Cited by8 opinions
- Plass v. PlassCalifornia Supreme Court · 1898
- Burdett v. MaySupreme Court of Missouri · 1889
- Hillman v. AllenSupreme Court of Missouri · 1898
- Reed v. PainterSupreme Court of Missouri · 1895
- Smith v. SmithSupreme Court of Missouri · 1907
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