Legal Opinion

Fleming v. Donahoe

Ohio Supreme Court

Decided December 15, 1831PublishedCited by 5 opinions

This ease was adjourned from the county of Hamilton. It was a bill in chancery, claiming to set up a trust in a deed of conveyance for real estate. The case made in the bill is this: Robert Fleming, the ancestor of the complainants, in 1808 held the equitable estate in a lot in Cincinnati, the legal title being in John Cleves Symmes, who, by the direction of Fleming, conveyed the lot to his daughter Mary.

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This ease was adjourned from the county of Hamilton. It was a bill in chancery, claiming to set up a trust in a deed of conveyance for real estate. The case made in the bill is this: Robert Fleming, the ancestor of the complainants, in 1808 held the equitable estate in a lot in Cincinnati, the legal title being in John Cleves Symmes, who, by the direction of Fleming, conveyed the lot to his daughter Mary. The bill set forth that Mary was a cripple, that the conveyance to her was a trust for the use of herself and father during his life, and'if she survived, for her use during her life. The…

1Opinion of the Court

Judge Wright

delivered the opinion of the court:

The counsel for the complainants urge, in support of the bill: That inasmuch as it is admitted by the demurrer that the elder Fleming paid the purchase money for this lot and took a deed to his daughter Mary, and so vested in her the fee, that a trust resulted to her father.

It is a general rule that when a father purchases land and takes a deed to a child, it is prima facie an advancement to the child, the law presuming such to be the intention of the father. But this presumption may be rebutted, and wherever it expressly appears that the parent…

2Cases cited6 opinions

  1. Boyd v. M'LeanNew York Court of Chancery · 1815
  2. Steere v. SteereNew York Court of Chancery · 1820
  3. Lyon v. RichmondNew York Court of Chancery · 1816
  4. Mount & Wardell v. WaiteNew York Supreme Court · 1811
  5. Kemp v. CoughtryNew York Supreme Court · 1814

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
  2. In the Matter of Joseph Arthur Clemens, Bankrupt. Christina E. Clemens v. Joseph Arthur ClemensCourt of Appeals for the Sixth Circuit · 1972
  3. Young v. HollandSupreme Court of Virginia · 1915
  4. Miller v. StokelyOhio Supreme Court · 1855
  5. In re Estate of BarnesMiami County Court of Common Pleas · 1952

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