McCarroll v. Alexander
Mississippi Supreme Court
Appeal from the chancery court of Marshall county. Stearns, Chancellor. The facts sufficiently appear in the opinion of the court. The appellee proved that the land was purchased hy her husband, to be paid for in four annual installments, and that $1,000 of her money went towards paying the last or the next to the last installment. “ Under no circumstances do the facts in this case show any resulting trust.”
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Appeal from the chancery court of Marshall county. Stearns, Chancellor. The facts sufficiently appear in the opinion of the court. The appellee proved that the land was purchased hy her husband, to be paid for in four annual installments, and that $1,000 of her money went towards paying the last or the next to the last installment. “ Under no circumstances do the facts in this case show any resulting trust.” Implied trusts are divided into two •classes, viz: 1st. Those which stand upon the presumed intention of the parties ; 2d. Those which are independent of any such intention, and are…
1Opinion of the Court
SlMRALL, J. :
Mrs. Sarah M. Alexander sought, by her original and amended bill, to establish a resulting trust to the lands described in the pleadings, upon the ground that $1,000 of her money, advanced to her by her father, was used by her husband in the purchase.
It seems that Robert B. Alexander, the husband, purchased, and took a conveyance to himself, from one C. G. Nelms, the 12th February, 1847, for the consideration of $4,000, to be paid in four annual installments. It was found by the deposition of Mrs. Sarah Alexander that the $1,000, her money, was applied to the liquidation of the…
2Cases cited7 opinions
- Rogers v. MurrayNew York Court of Chancery · 1831
- Botsford v. BurrNew York Court of Chancery · 1817
- Gibson v. FooteMississippi Supreme Court · 1866
- L. M. Wiley & Co. v. GrayMississippi Supreme Court · 1858
- Pennington v. AckerMississippi Supreme Court · 1855
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3Cited by6 opinions
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- Bush v. BushMississippi Supreme Court · 1924
- Matter of Estate of EvansMississippi Supreme Court · 1978
- Brown v. Gravlee Lumber Co., Inc.Mississippi Supreme Court · 1977
- Barlow, Jr. v. District of ColumbiaDistrict of Columbia Court of Appeals · 2026
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