Moore v. Jordan
Mississippi Supreme Court
Appeal from the Chau eery Court of Tate Comity. Hon. J. G. Hall, Chancellor. One Stephen Williams was one of several sureties on the bond of a defaulting officer. Williams died. Mrs. M. A. J ordan, bjr inheritance and conveyance, came into possession of his estate. One Grayson, the son-in-law of Mrs. Jordan, was the administrator of William’s estate.
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Appeal from the Chau eery Court of Tate Comity. Hon. J. G. Hall, Chancellor. One Stephen Williams was one of several sureties on the bond of a defaulting officer. Williams died. Mrs. M. A. J ordan, bjr inheritance and conveyance, came into possession of his estate. One Grayson, the son-in-law of Mrs. Jordan, was the administrator of William’s estate. Grayson, in order to avoid the payment of the total amount of the default, induced Mrs. Jordan to convey the property acquired from the estate of Williams to his wife and Mrs. B. J. Moore, another daughter of Mrs. J ordan. This deed of conveyance…
1Opinion of the CourtCooper, C. J.
*234The rule that a trust resulted to the grantor upon a voluntary conveyance, according to the common law forms of feoffment, grant, fine or recovery, etc., where no consideration is expressed or implied, and no trust is declared, and the circumstances rebut the presumption of a gift, seems not to apply to-modern conveyances. 1 Perry on Trusts, 184.
Mr. Pomeroy thinks it would apply to such conveyances if the deed “ simply contains "words of grant or transfer, and does-not recite nor imply any consideration, and does not, in the habendum clause or elsewhere, declare any use in favor of the…
2Cases cited6 opinions
- Groff v. RohrerCourt of Appeals of Maryland · 1872
- Bragg v. GeddesIllinois Supreme Court · 1879
- Squire v. HarderNew York Court of Chancery · 1829
- Russ v. MebiusCalifornia Supreme Court · 1860
- Gould v. LyndeMassachusetts Supreme Judicial Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- KIDD v. KiddMississippi Supreme Court · 1951
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