Legal Opinion

Shaw v. Shaw

Supreme Court of Missouri

Decided October 15, 1885PublishedCited by 21 opinions

Appeal from St. Louis Qoilrt of Appeals. (1) Wlien a person lias money of another in his hands and purchases real estate with it and takes the deed in his own name, a resulting trust arises in favor of the one who advances the money in whole or in part.

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Appeal from St. Louis Qoilrt of Appeals. (1) Wlien a person lias money of another in his hands and purchases real estate with it and takes the deed in his own name, a resulting trust arises in favor of the one who advances the money in whole or in part. The resulting trust arises, whether the money is put into the hands of the alleged trustee expressly for the purpose of buying the land, or whether the alleged trustee, having the money already in his hands for another purpose, invests it in land in his own name, without the knowledge of the owner of the money. ‘‘A similar rule prevails in…

1Opinion of the CourtSherwood, J.

— This proceeding was instituted in the St. Charles circuit court, having for its object the enforcement of a resulting trust and for an accounting. As the substance of the evidence will accompany this ■opinion, it is unnecessary to encumber it with the details of the testimony. It will only be requisite, therefore, to state in brief the deductions we make from that testimony, and our reasons therefor.

I. The admissions made by the defendant when testifying, as well as other testimony in the cause, establishes, beyond doubt or question, the existence of fiduciary relations between the…

2Cases cited4 opinions

  1. Baumgartner v. GuessfeldSupreme Court of Missouri · 1866
  2. State ex rel. Partridge v. LewisSupreme Court of Missouri · 1879
  3. Groves' Heirs v. FulsomeSupreme Court of Missouri · 1852
  4. Cason v. CasonSupreme Court of Missouri · 1859

3Cited by21 opinions

  1. Curd v. BrownSupreme Court of Missouri · 1899
  2. Patterson v. BoothSupreme Court of Missouri · 1890
  3. Ferguson v. RobinsonSupreme Court of Missouri · 1914
  4. Keener v. WilliamsSupreme Court of Missouri · 1925
  5. Morrow v. MatthewIdaho Supreme Court · 1904

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