Harvey v. Ledbetter
Mississippi Supreme Court
Appeal from the chancery court of Lowndes county.' Lyon, Chancellor. The opinion of the court contains a full statement ■of the case. 1. A trust is implied where an estate is purchased in the name of one person, and the consideration is paid by another. Tiffany & Bullard on the Law of Trusts, 20,23,29; Hill on Trustees, 91; Story Eq. Jur., § 1195; 31 Miss. 426, 427; 1 How. (Miss.) 353; 23 ib. 294; 2 Johns. Ch. 405, 409; 2 Story Eq.
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Appeal from the chancery court of Lowndes county.' Lyon, Chancellor. The opinion of the court contains a full statement ■of the case. 1. A trust is implied where an estate is purchased in the name of one person, and the consideration is paid by another. Tiffany & Bullard on the Law of Trusts, 20,23,29; Hill on Trustees, 91; Story Eq. Jur., § 1195; 31 Miss. 426, 427; 1 How. (Miss.) 353; 23 ib. 294; 2 Johns. Ch. 405, 409; 2 Story Eq. Jur., §§ 1190, 1201 a, 1206. 2. If only a part of the purchase money is paid by a third party, a resulting trust in his favor pro tanto will arise, or where there…
1Opinion of the Court
Peyton, C. J.:
Theophilus Harvey filed his bill in the chancery court of Lowndes county against Lucy A. Ledbetter, to establish a resulting trust in a certain house and lot in the town of Crawfordville, in said county, alleging *97that one Edward C. Eggleston, as administrator de bonis non of the estate of one Eli Crowder, deceased, sold, under a decree of the probate court of said county, the said real estate. That at and before the said sale, the complainant and one Alexander H. Ledbetter being desirous of purchasing said house and lot, each of them wishing a part thereof, came to an…
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