Robinson v. Robinson
Supreme Court of Arkansas
APPEAL from Lonoke Circuit Court in Chancery. Hon. J. W. Martin, Circuit Judge. The question is, did appellee become a trustee when he accepted the deeds, or was it an advancement. 1. The appellee’s admissions in his answer and deposition' make him a trustee. 2. The proof clearly establishes that he holds the land in trust.
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APPEAL from Lonoke Circuit Court in Chancery. Hon. J. W. Martin, Circuit Judge. The question is, did appellee become a trustee when he accepted the deeds, or was it an advancement. 1. The appellee’s admissions in his answer and deposition' make him a trustee. 2. The proof clearly establishes that he holds the land in trust. We admit, that where a father pays the purchase money ,and takes the title in the name of a child, it is presumed to be an advancement, but this may be rebutted, and it becomes a question of pure intention, whether the father intended an advancement or a trust. 1 Perry on…
1Opinion of the CourtBattle, J.
Plaintiff, J. H. Robinson, alleges in his complaint as follows: He purchased- a tract of land, which is described in his complaint, and paid therefor with his own money. When he had completed payment and was entitled to a deed, he informed the defendant, Walter, E. Robinson, who is his son, that he was desirous of having the land conveyed to ihim, in order that he, plaintiff, might use and dispose of it to the best advantage for the benefit of his family, and to avoid the expense and delay of an administration in case of his death. Defendant consented to have the land conveyed to him, and to…
2Cited by19 opinions
- Tillar v. HenrySupreme Court of Arkansas · 1905
- Stacy v. StacySupreme Court of Arkansas · 1927
- Nelson v. WoodSupreme Court of Arkansas · 1940
- O'Hair v. O'HairSupreme Court of Arkansas · 1905
- McDonald v. HookerSupreme Court of Arkansas · 1893
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