Mason v. Harkins
Supreme Court of Arkansas
Appeal from White Chancery Court; Jesse C. Hart, Chancellor ; 1. The essentials necessary to establish a resulting trust, viz., payment of. purchase money by one and conveyance to another, are not shown in this case.
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Appeal from White Chancery Court; Jesse C. Hart, Chancellor ; 1. The essentials necessary to establish a resulting trust, viz., payment of. purchase money by one and conveyance to another, are not shown in this case. Perry on Trusts, § 126; t.i Johns. 91; 27 Ark. 89; 57 Ark. 632; 9 Ark. 518. Clear and convincing proof of these essential facts is necessary and must be .made. 2 L. R. A. 146; 29 Ark. 612; 30 Ark. 230; 44 Ark. 365; 48 Ark. 169. Declarations, if made, by D. G. Mason that the land was purchased for plaintiff would not create a trust, unless she paid the purchase money. 50 Ark. 71.…
1Opinion of the CourtHill, C. J.
Appellee is the daughter of appellant, D. G. Mason. In T879 she married a man named Fairless, who deserted her in 1882. She returned to the home of her father at that time, bringing with her one child, Della Fairless. A short time thereafter, another child, Myrtle Fairless, was born to her. She lived with her father until her marriage to Harkins in 1891.
She had some personal property at the time of her return to her father, and some real estate, which was sold by her father .for $250. Part of this money was used for her expenses in illness, and a part to obtain a divorce from her husband.…
2Cases cited3 opinions
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- Goerke v. RodgersSupreme Court of Arkansas · 1905
- Tillar v. HenrySupreme Court of Arkansas · 1905
3Cited by5 opinions
- Hayden v. DannenbergSupreme Court of Oklahoma · 1914
- Barnes v. MorrisSupreme Court of Oklahoma · 1924
- Hubbard v. McMahonSupreme Court of Arkansas · 1915
- Tatum v. BoldingSupreme Court of Arkansas · 1910
- Scogin v. ScoginSupreme Court of Arkansas · 1928