Callaghan v. M'Mahan
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. I. The decree of the court is warranted by the facts proved. By the agreement, defendant was to enter eighty acres of land in Jefferson county for the plaintiff. The proof shows plaintiff furnished the money, and that defendant did enter the land, and for the plaintiff. It is no objection that defendant entered under the graduation act. If this be a fraud on the Government, defendant cannot take advantage of his own wrong.
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Appeal from Jefferson Circuit Court. I. The decree of the court is warranted by the facts proved. By the agreement, defendant was to enter eighty acres of land in Jefferson county for the plaintiff. The proof shows plaintiff furnished the money, and that defendant did enter the land, and for the plaintiff. It is no objection that defendant entered under the graduation act. If this be a fraud on the Government, defendant cannot take advantage of his own wrong. The plaintiff having furnished the money to enter the land with, under the agreement, a resulting trust arises in his favor by…
1Opinion of the CourtBay, Judge
Plaintiff filed his petition in the Circuit Court of Jefferson county, alleging that in February, 1854, he gave to the defendant the sum of one hundred dollars for the purpose of entering a tract of land in the county of Jefferson, in this State, to contain eighty acres, expecting that said land would be entered at the price of $1.25 per acre; that said land was to be entered in the name of the plaintiff; that in pursuance *113of said arrangement said defendant did enter with the money of said plaintiff a tract of eighty acres, particularly described in the petition, but that the entry was made…
2Cited by4 opinions
- Wright v. GroomSupreme Court of Missouri · 1912
- Sage v. TuckerMissouri Court of Appeals · 1892
- Cashion v. GargusSupreme Court of Missouri · 1916
- Powell v. FinkMissouri Court of Appeals · 1957