Olden v. Hendrick
Supreme Court of Missouri
Appeal from Greene Circuit Court. —’.loir. W. D. Hubbard, Judge. (1) The evidence of Price tending to show that L. Hendrick furnished the purchase money is all hearsay and should have been excluded. (2) To create a resulting trust in any case the evidence of payment of. the purchase money by the person seeking to declare the trust must be so clear and full as to remove all doubt from the mind of the chancellor. There is no such evidence in this case.
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Appeal from Greene Circuit Court. —’.loir. W. D. Hubbard, Judge. (1) The evidence of Price tending to show that L. Hendrick furnished the purchase money is all hearsay and should have been excluded. (2) To create a resulting trust in any case the evidence of payment of. the purchase money by the person seeking to declare the trust must be so clear and full as to remove all doubt from the mind of the chancellor. There is no such evidence in this case. Johnson v. Quarles, 46 Mo. 423; Bingo v. Richardson, 53 Mo. 385; Kennedy v. Kennedy, 57 Mo. 73; Berry v. Hartzell, 91 Mo. 132; Philpot v. Penn,…
1Opinion of the CourtBlack, J.
The plaintiff, Eliza C. Olden, is the widow of William R. Hendrick, and she and her present husband brought this suit against her children by her former marriage for the partition of lots 29 and 30 in Hendrick and Jones’addition to the city of Springfield. Fannie E. Holland and her husband George Holland were made defendants on their own motion. The controversy is between Holland and wife on the one hand and the other parties to the suit on the other.
The two lots are a part of eighty acres of land formerly owned by L. Hendrick who was the father of William R. Hendrick, the former husband of…
2Cases cited3 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Faxton v. FaxonMichigan Supreme Court · 1873
- Evans v. SnyderSupreme Court of Missouri · 1877
3Cited by9 opinions
- Garesche v. Levering Investment Co.Supreme Court of Missouri · 1898
- Wilkinson v. LiebermanSupreme Court of Missouri · 1931
- Badger Lumber & Coal Co. v. PugsleyMissouri Court of Appeals · 1933
- Wood v. White Eagle Oil & Refining Co.Missouri Court of Appeals · 1925
- Mahen v. Tavern RockSupreme Court of Missouri · 1931
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