Remshard v. Renshaw
Supreme Court of Arkansas
Appeal from Craighead Chancery Court, Western District; Charles D. Frierson, Chancellor; 1. The court erred in charging the real estate with a trust for $946.00 and interest. The money was not paid at the time of the purchase by the cestui que trust with the understanding and agreement that she was to have an interest therein. 93 Ark. 93; 49 Id. 430; 54 Id. 499; 2 Johns. Ch. 406; 34 U. S. 1091; 21 Id. 570; Pom., Eq.
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Appeal from Craighead Chancery Court, Western District; Charles D. Frierson, Chancellor; 1. The court erred in charging the real estate with a trust for $946.00 and interest. The money was not paid at the time of the purchase by the cestui que trust with the understanding and agreement that she was to have an interest therein. 93 Ark. 93; 49 Id. 430; 54 Id. 499; 2 Johns. Ch. 406; 34 U. S. 1091; 21 Id. 570; Pom., Eq. Jur. § 1037. Mere payment of money on land or improvements after the purchase does not create a trust. 79 Ark. 164; 29 Id. 612; 40 Id. 62. The evidence of such a trust must be…
1Opinion of the CourtMcCulloch, C. J.
George Remshard was a soldier of the United States in the Mexican war, and was honorably discharged from the military service in August, 1851, at Fort Constitution, in the State of New Hampshire. He was married to Elizabeth P. Boggs at the city of Philadelphia in the year 1855, and had five children, the issue of that marriage. He disappeared and deserted his family in 1876, and they heard nothing of him until after his death, which occurred in 1907 at Jonesboro, Arkansas, where he then resided. His wife, Elizabeth P., died in 1884, and, under the name of Renshaw, which he assumed after…
2Cases cited5 opinions
- Red Bud Realty Co. v. SouthSupreme Court of Arkansas · 1910
- Milner v. FreemanSupreme Court of Arkansas · 1882
- R. G. Atkinson & Co. v. W. A. & C. A. WardSupreme Court of Arkansas · 1886
- Spurlock v. SpurlockSupreme Court of Arkansas · 1906
- Butterfield v. ButterfieldSupreme Court of Arkansas · 1906
3Cited by3 opinions
- Harbour v. HarbourSupreme Court of Arkansas · 1944
- Mack v. MarvinSupreme Court of Arkansas · 1947
- Gordon v. ClaridySupreme Court of Arkansas · 1920