Morris v. Clare
Supreme Court of Missouri
Appeal from Lincoln Circuit Court, — Hon. E. M. Hughes, Judge. (1) The principal question for consideration in this case, is whether the gift of $500 to Clarinda Morris by her father, Richard Wommack, as a part of the consideration in the purchase of the land by James Morris, created a resulting trust in the land purchased in favor of Clarinda Morris.
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Appeal from Lincoln Circuit Court, — Hon. E. M. Hughes, Judge. (1) The principal question for consideration in this case, is whether the gift of $500 to Clarinda Morris by her father, Richard Wommack, as a part of the consideration in the purchase of the land by James Morris, created a resulting trust in the land purchased in favor of Clarinda Morris. The consideration ex-. pressed in the deed is $1,050, and prima facie this is what Richard Wommack and James Morris agreed was the value of the land. Henderson v. Henderson, 13 Mo. 151. Of this consideration James Morris paid $550 and Clarinda…
1Opinion of the CourtBarclay, J.
This is a suit to have a resulting trust declared in certain land in Lincoln county, and *235to obtain on that account a judgment for an interest in the land.
The facts are agreed upon.
Plaintiffs are the only children • and heirs of Clarinda Morris, in whose favor the trust is claimed by virtue of the terms of a deed by Richard Wommack, owner of the property in 1868. Clarinda was his daughter. James Morris, her husband, was grantee in the deed.
The language of that instrument, calling for construction in this case, we have indicated by italics in the following passage:
“ This deed, made and entered…
2Cases cited4 opinions
- Lehmann v. RothbarthIllinois Supreme Court · 1884
- Nearen v. BakewellSupreme Court of Missouri · 1892
- Baier v. BerberichSupreme Court of Missouri · 1883
- Nearen v. BakewellMissouri Court of Appeals · 1890
3Cited by2 opinions
- Ferguson v. StokesSupreme Court of Missouri · 1954
- McGregor-Noe Hardware Co. v. HornSupreme Court of Missouri · 1898