Green v. Maddox
Supreme Court of Arkansas
Appeal from Greene Chancery Court; Edward D. Robertson, Chancellor; 1. If the creation of a trust is not manifested by any writing and no fraud has been practiced in obtaining the title, the trust must arise from the payment of the purchase money, and not from any agreement. >50 Ark. 76; 13 Ark. 183; 75 Ark. 40; 76 Ark. 14; 49 Ark. 416; 72 Ark. 456; Tiedeman, Real Prop. 500; 4 Ballard, Real Estate, 738. 2. When J. D. Maddox, by order of the chancery court, paid off the note…
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Appeal from Greene Chancery Court; Edward D. Robertson, Chancellor; 1. If the creation of a trust is not manifested by any writing and no fraud has been practiced in obtaining the title, the trust must arise from the payment of the purchase money, and not from any agreement. >50 Ark. 76; 13 Ark. 183; 75 Ark. 40; 76 Ark. 14; 49 Ark. 416; 72 Ark. 456; Tiedeman, Real Prop. 500; 4 Ballard, Real Estate, 738. 2. When J. D. Maddox, by order of the chancery court, paid off the note of Henry Maddox, he was subrogated to all the rights of creditors or heirs. 24 Ark. 63; 52 Ark. 1; 6 Ballard, Real…
1Opinion of the CourtFrauenthau, J.
This was an action instituted by Hayden Maddox, the plaintiff below, seeking, in effect, to establish his title to an undivided one-half interest in a house and lot situated in the city of Paragould, the legal title to which was in the defendants, and to obtain an accounting of the rents and profits issuing therefrom. On November 17, 1888, the commissioner of the Greene Chancery Court, by virtue and in pursuance of a decree rendered in a proceeding pending in that court, sold the land in controversy to one Henry Maddox, who executed his note for the purchase money thereof. That sale was duly…
2Cases cited7 opinions
- McDonald v. RankinSupreme Court of Arkansas · 1909
- Blake v. TuckerSupreme Court of Vermont · 1840
- Stees v. KranzSupreme Court of Minnesota · 1884
- Stubbs v. PittsSupreme Court of Arkansas · 1907
- Bloom v. StraussSupreme Court of Arkansas · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Page v. Fees-Krey, Inc.Supreme Court of Colorado · 1980
- Elk Horn Bank & Trust Co. v. SpragginsSupreme Court of Arkansas · 1930
- Jones v. the Nat'l Bank of Commerce of El DoradoSupreme Court of Arkansas · 1944
- Keylon v. ArnoldSupreme Court of Arkansas · 1948
- Tisdale v. GunterSupreme Court of Arkansas · 1937
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