Reed v. Painter
Supreme Court of Missouri
Appeal from Gape Girardeau Court of Common Pleas.— Hon. Alex. Ross, Judge. (1) By reason of the death of John Painter respondents, Martha Holcomb and Thomas Clark, were incompetent to testify, and the court erred in overruling appellants’ objections to their evidence. (2) The evidence is not sufficient to establish a resulting trust.
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Appeal from Gape Girardeau Court of Common Pleas.— Hon. Alex. Ross, Judge. (1) By reason of the death of John Painter respondents, Martha Holcomb and Thomas Clark, were incompetent to testify, and the court erred in overruling appellants’ objections to their evidence. (2) The evidence is not sufficient to establish a resulting trust. In the case of Burdett v. May, 100 Mo. 13, this court says: “The rule which prevails in this State, the general rule elsewhere upon the subject of resulting trusts, requires that in'order to prove such a trust it must be established by testimony so clear, strong…
1Opinion of the CourtGantt, P. J.
On the twelfth day of April, 1890, plaintiffs brought suit against John Painter in the circuit court of Cape Girardeau county, alleging in the first count of their petition that he had converted to his own use the proceeds of an insurance policy on the life of their father, John JET. Clark, for which they sought to make him account, and in the second count charged that he fraudulently took the deed to certain lands in his own name instead of in the name of his wife, and prayed that he might be declared a trustee for her heirs, the plaintiffs, and required to account for rents and profits.…
2Cases cited10 opinions
- Bledsoe v. SimmsSupreme Court of Missouri · 1873
- Looker v. DavisSupreme Court of Missouri · 1870
- Kelly v. HurtSupreme Court of Missouri · 1875
- Landis v. SaxtonSupreme Court of Missouri · 1891
- Dyer v. WittlerSupreme Court of Missouri · 1886
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3Cited by20 opinions
- McKee v. DowningSupreme Court of Missouri · 1909
- City of Edina Ex Rel. Pioneer Trust Co. v. School DistrictSupreme Court of Missouri · 1924
- Stout v. RigneyCourt of Appeals for the Eighth Circuit · 1901
- W. A. Gaines & Co. v. E. Whyte Grocery, Fruit & Wine Co.Missouri Court of Appeals · 1904
- Starr v. BartzSupreme Court of Missouri · 1909
15 more not listed; retrieve them via the Exa API.