Johnson v. Richardson
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court in Chancery. Hon. E. J. Wise, Special Judge. 1. Richardson was never seized of an estate of inheritance in the land, but merely held the naked legal title in trust; and a widow is not entitled to dower in a trust estate. (Sugd. on Vend., 8th Am. ed., p. 700; Bisp. Eq , sec. 80; Story Eq. Jar., sec. 1201; Ferry on Trusts, sees. 98, 126; 20 Ark., 272; If. Kent Com., *p. ff3-60; 1 Wash.
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APPEAL from Jefferson Circuit Court in Chancery. Hon. E. J. Wise, Special Judge. 1. Richardson was never seized of an estate of inheritance in the land, but merely held the naked legal title in trust; and a widow is not entitled to dower in a trust estate. (Sugd. on Vend., 8th Am. ed., p. 700; Bisp. Eq , sec. 80; Story Eq. Jar., sec. 1201; Ferry on Trusts, sees. 98, 126; 20 Ark., 272; If. Kent Com., *p. ff3-60; 1 Wash. B. P., p. 161-2; 81 Ark.., 680.) Parol testimony is admissible to establish a resulting trust, in contradiction to the terms of a deed, even after the death of the nominal…
1Opinion of the CourtSmith, J.
This is a suit by Mrs. Richardson for dower in certain lands, and the decree below was in her favor. She is the widow of one Benjamin E. Richardson, who died in 1881. She and the said Benjamin F. were married in September, 1856. In October, 1856, Benjamin E. Richardson, jointly with William E. and Henry C. Ashley, purchased a tract of land containing eight hundred acres, for the sum of twenty thousand dollars, all on credit; and for the purchase money they made their three notes in favor of James II. Scull, the vendor, for $6,666.66 each, with eight per cent, interest, payable on January 1,…
2Cases cited6 opinions
- Watson v. MercerSupreme Court of the United States · 1834
- Mercer v. WatsonSupreme Court of Pennsylvania · 1833
- Jackson ex dem. Woodruff v. GilchristNew York Supreme Court · 1818
- Grove v. ToddCourt of Appeals of Maryland · 1875
- Russell v. RumseyIllinois Supreme Court · 1864
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3Cited by22 opinions
- United States v. Heinszen & Co.Supreme Court of the United States · 1907
- Carle v. GehlSupreme Court of Arkansas · 1937
- Tillar v. HenrySupreme Court of Arkansas · 1905
- Sidway v. LawsonSupreme Court of Arkansas · 1893
- People ex rel. Fitzgerald v. StittIllinois Supreme Court · 1917
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