Burns v. Bangert
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court, Edwards, J. Evidence to create a resulting trust must be clear, strong, and unequivocal.
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Appeal from the St. Louis County Circuit Court, Edwards, J. Evidence to create a resulting trust must be clear, strong, and unequivocal. Mere preponderance will not suffice. — Ringo v. Richardson, 53 Mo. 385 ; Kennedy v. Kennedy, 57 Mo. 73; Thomas v. Chicago, 55 111. 403. A husband by marriage acquires an absolute right to all the personal property in possession belonging to his wife at the time of the marriage or which comes to her afterwards, not given for her sole and separate use. — Woodford v. Stephens, 51 Mo. 443; KidweTl v. Kirkpatrick, 70 Mo. 216 ; Terry v. Wilson, 63 Mo. 499; Bledsoe…
1Opinion of the CourtThompson, J.
This case was before the court on a former appeal (Bangert v. Bangert, 13 Mo. App. 144), and we are therefore relieved of the necessity of restating the facts at length. The petition contains two counts. In the first, the original plaintiff, John Bangert, in the character of a judgment creditor of Henry Bangert, and of purchaser at an execution sale under his judgment against Henry Bangert, of the right,, title, and interest of Henry Bangert in certain described real estate, seeks to set aside certain alleged fraudulent *25conveyances whereby the real estate had, shortly before the rendition of…
2Cases cited11 opinions
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Woodford v. StephensSupreme Court of Missouri · 1873
- Kennedy v. Estate of KennedySupreme Court of Missouri · 1874
- Tennison v. TennisonSupreme Court of Missouri · 1870
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3Cited by7 opinions
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
- Citizens' National Bank v. LoomisSupreme Court of Iowa · 1896
- Estate of Rogers v. CourierSupreme Court of Missouri · 1968
- McClain v. AbshireMissouri Court of Appeals · 1895
- Fretz v. RothNew Jersey Court of Chancery · 1905
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