Jennings v. Shacklett
Supreme Court of Virginia
This was a creditor’s suit in equity instituted in March, 1870, in the circuit court of Rockingham county, by Samuel Shacklett against S. B. Jennings and his children, *to subject the lands of said Jennings to satisfy judgments recovered against him. The only question in this case was whether certain lands in the possession of Jennings were his own, or whether there was a resulting trust in favor of his children.
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This was a creditor’s suit in equity instituted in March, 1870, in the circuit court of Rockingham county, by Samuel Shacklett against S. B. Jennings and his children, *to subject the lands of said Jennings to satisfy judgments recovered against him. The only question in this case was whether certain lands in the possession of Jennings were his own, or whether there was a resulting trust in favor of his children. The facts in this and the previous case of Miller & ais» v. Blose’s ex’or & als., are very much the same, and the question in both cases arose out of the same transaction. The case…
1Opinion of the CourtChristian, J.
The principles affirmed in the case of Miller & als. v. Blose’s ex’or & als., in which a motion for a rehearing has to-day been overruled, must govern the case before us. It arose out of the same transactions, and the nature of the evidence is *256almost precisely the same. In both cases an effort is made by the defendants to set up a resulting trust, by parol testimony, against a deed absolute on its face. In both cases the evidence is of so vague, uncertain and unsatisfactory a character as cannot, after so long a lapse of time, upon the principles which govern courts of equity, convert deeds…
2Cases cited3 opinions
- Parrill v. McKinleySupreme Court of Virginia · 1852
- Phelps v. SeelySupreme Court of Virginia · 1872
- Statham v. Ferguson's Adm'rSupreme Court of Virginia · 1874
3Cited by1 opinion
- Moorman v. ArthurSupreme Court of Virginia · 1894