Price v. Kane
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. (1) When the husband purchases real property •with his own means, and causes the same to be conveyed to his wife, a prima facie ease is made out that the husband intended the conveyance to be a provision for the wife, and no resulting trust will arise. Schuster v. Schuster, 93 Mo. 439. While the facts creating a resulting trust may be proved by parol, such evidence must be clear and unequivocal, and not merely preponderating.
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Appeal from St. Louis City Circuit Court. (1) When the husband purchases real property •with his own means, and causes the same to be conveyed to his wife, a prima facie ease is made out that the husband intended the conveyance to be a provision for the wife, and no resulting trust will arise. Schuster v. Schuster, 93 Mo. 439. While the facts creating a resulting trust may be proved by parol, such evidence must be clear and unequivocal, and not merely preponderating. Kennedy v. Kennedy, 57 Mo. 73; Johnson v. Quarles, 46 Mo. 423¡'Bingo v. Bicha/rdson, 53 Mo. 385; Forrester v. Scoville, 51 Mo.…
1Opinion of the CourtMacfarlane, J.
Ejectment to recover two lots in the city of St. Louis. The answer was a general denial and an equitable defense. The latter charges that Elizabeth J. Kane was wife of defendant from 1865 to her death in 1888, and they resided in St. Louis at that time; that he was engaged in trading in horses and mules, and shipping and selling them in southern states and was necessarily from home much of the time; that June 17, 1869, he purchased the lot first described, and paid the purchase price, but at the request of his wife *415-and for her convenience in managing the property as his agent, he had the…
2Cases cited4 opinions
- Darrier v. DarrierSupreme Court of Missouri · 1874
- Woodford v. StephensSupreme Court of Missouri · 1873
- Hall v. HallSupreme Court of Missouri · 1891
- Seibold v. ChristmanMissouri Court of Appeals · 1879
3Cited by23 opinions
- Jackson v. JacksonSupreme Court of Georgia · 1920
- Parker v. BlakeleySupreme Court of Missouri · 1936
- Curd v. BrownSupreme Court of Missouri · 1899
- Purvis v. HardinSupreme Court of Missouri · 1938
- Lewis v. LewisSupreme Court of Missouri · 1945
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