Wyatt v. Scott
Supreme Court of Arkansas
Appeal from Logan Chancery Court; I. Virgil Bourland, Chancellor; statement by the court. Appellants brought suit' against appellee in the Logan Chancery Court, to have appellee declared a trustee of and for his wife, Martha F. Scott, during her life, and for appellants since her death, as to all lands purchased by him and the improvements made thereon, alleged to have been purchased and improved with certain moneys received by appellee from his wife; the money being the…
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Appeal from Logan Chancery Court; I. Virgil Bourland, Chancellor; statement by the court. Appellants brought suit' against appellee in the Logan Chancery Court, to have appellee declared a trustee of and for his wife, Martha F. Scott, during her life, and for appellants since her death, as to all lands purchased by him and the improvements made thereon, alleged to have been purchased and improved with certain moneys received by appellee from his wife; the money being the distributive share of his wife in her father’s estate, some of it being the proceeds of the sale of land inherited from her…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The testimony is voluminous. It would be needless to set it out and to discuss it in detail. It suffices to say that we are of the opinion that the chancellor’s findings of fact are not clearly against the weight of the evidence. In fact, the fair preponderance may be said to be in favor of the chancellor’s findings.
Appellants rely upon -section 5227, Kirby’s Digest, as authority for having appellee declared a trustee of the money received by him from his wife, and for the sale of her land. That .section is as follows: “The fact that a married woman permits…
2Cases cited1 opinion
- Lyon v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1877
3Cited by4 opinions
- Ralls v. RallsCourt of Appeals of Texas · 1923
- Gilbert v. GilbertSupreme Court of Arkansas · 1929
- Loyd v. BennettSupreme Court of Arkansas · 1916
- Wallace v. WatsonSupreme Court of Arkansas · 1919