Legal Opinion

Joyce v. Growney

Supreme Court of Missouri

Decided February 20, 1900PublishedCited by 21 opinions

Appeal from Nodaway Circuit Court. — Hon. O. A. Anthony, Judge. (1) Tbe testimony in. this case to establish a resulting trust is of very doubtful character, being altogether the conduct and intention of a father in deeding land to his daughter. There is absolutely no evidence that the money received by the father from the daughter was invested in this land.

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Appeal from Nodaway Circuit Court. — Hon. O. A. Anthony, Judge. (1) Tbe testimony in. this case to establish a resulting trust is of very doubtful character, being altogether the conduct and intention of a father in deeding land to his daughter. There is absolutely no evidence that the money received by the father from the daughter was invested in this land. The payment at the time is indispensable to the creation of a trust. 4 Kent, p. 305. The testimony and all the admissions of Graham in the record of this case fall far short of the rule to establish resulting trusts as defined by our…

1Opinion of the CourtValliant, J.

This is a suit in equity, the original purpose of which was to establish a resulting trust, and to vacate a deed alleged to have been obtained by fraud from the plaintiff’s son while a minor.

The original petition, filed February 1, 1896, states, substantially, that in 1876 the plaintiff, Patrick J. Joyce, furnished defendant Graham, who was the father of plaintiff’s wife, $600 with which to buy land in Nodaway county for plaintiff; that Graham bought the land, took the deed in his own name, and in March, 1885, deeded it to his daughter, plaintiff’s wife; that plaintiff did not know that…

2Cases cited3 opinions

  1. Manning v. GasharieIndiana Supreme Court · 1866
  2. Dice v. MorrisIndiana Supreme Court · 1869
  3. Hicks v. JacksonSupreme Court of Missouri · 1884

3Cited by21 opinions

  1. Montgomery v. . BladesSupreme Court of North Carolina · 1940
  2. Lee v. W. E. Fuetterer Battery & Supplies Co.Supreme Court of Missouri · 1929
  3. Fulton v. FisherSupreme Court of Missouri · 1912
  4. Neville v. D'OenchSupreme Court of Missouri · 1931
  5. Scheer v. Trust Co. of St. Louis CountySupreme Court of Missouri · 1932

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