Eoff v. Irvine
Supreme Court of Missouri
Appeal from Jacltson Circuit Court. — Hon. R. H. Field, Judge. (1) As far as Leigh H. Irvine is concerned, had he made no transfer to his brother, the law is clear that he would hold the property in trust for the plaintiff. Davis v. Kline, 96 Mo. 401-406, and cases cited. (2) Anri his brother, taking under a quitclaim deed, stands in no better position, for he takes the property subject to all equities.
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Appeal from Jacltson Circuit Court. — Hon. R. H. Field, Judge. (1) As far as Leigh H. Irvine is concerned, had he made no transfer to his brother, the law is clear that he would hold the property in trust for the plaintiff. Davis v. Kline, 96 Mo. 401-406, and cases cited. (2) Anri his brother, taking under a quitclaim deed, stands in no better position, for he takes the property subject to all equities. Campbell v. Gas Go., 84 Mo. -352, and cases cited; Kox v. Hall, 74 Mo. 315. (3) Even though Louis O. Irvine had taken under a conveyance which, in law, would have authorized him to claim to be…
1Opinion of the CourtBlack, J.
The object of this suit in equity is to have the defendants declared the holders of the title to .a lot in Kansas City in trust for the plaintiff, with a further prayer for general relief. The court found for the defendants, and the plaintiff Eoff appealed. The defendants, Leigh H. Irvine and Louis C. Irvine, are *381brothers, and the sons of the other defendants, Clark Irvine and Annie K. Irvine. All of the above-named parties resided at Kansas City at the time of the various transactions hereafter mentioned.
The pleadings and the undisputed evidence show that the plaintiff purchased the lot in…
2Cases cited8 opinions
- Baker v. HumphreySupreme Court of the United States · 1880
- Fox v. HallSupreme Court of Missouri · 1881
- Davis v. KlineSupreme Court of Missouri · 1888
- Munson v. EnsorSupreme Court of Missouri · 1887
- Willingham v. HardinSupreme Court of Missouri · 1882
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3Cited by23 opinions
- Trice v. ComstockCourt of Appeals for the Eighth Circuit · 1903
- Lind v. WebberNevada Supreme Court · 1913
- State Ex Inf. McKittrick v. C. S. Dudley & Co.Supreme Court of Missouri · 1937
- Condit v. MaxwellSupreme Court of Missouri · 1898
- Group Association Plans, Inc. v. David B. Colquhoun and Raymond K. Tongue Co., Inc.,appellantsCourt of Appeals for the D.C. Circuit · 1972
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