Hardin v. Hardin
South Dakota Supreme Court
Appeal from Circuit Court, Lawrence County. Hon. W. G. Rice, Judge. Action by Charles S. Hardin against James D. Hardin and other's. From an adverse judgment and order, the defendant named appeals. Trusts are created by the express disposition of the parties, or they are implied by the courts from the words used in such express dispositions.
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Appeal from Circuit Court, Lawrence County. Hon. W. G. Rice, Judge. Action by Charles S. Hardin against James D. Hardin and other's. From an adverse judgment and order, the defendant named appeals. Trusts are created by the express disposition of the parties, or they are implied by the courts from the words used in such express dispositions. There is another class of trusts which result in law from the acts of the parties, whether they intend to create a trust or not, and they are aptly designated as resulting trusts. 1st Perry on Trusts, 5th Ed. par. 124; 3 Pomeroy Eq. Jur., par. 1030-1031.…
1Opinion of the CourtSmith, J.
Plaintiff, Charles S. Hardin, brought an action in the circuit court of Lawrence county, praying that the defendant James D. Hardin, be decreed to hold a three-fourths interest in certain ranch lands and certain personal property consisting of 'stocks and interest in mining properties in Lawrence county, in trust for the plaintiff and the other two defendants; that he be required by the decree of that court, to transfer to the plaintiff and to the other two defendants, respectively, each a one-fourth interest in the whole of the real and personal property described in the complaint and…
2Cases cited27 opinions
- Feeney v. HowardCalifornia Supreme Court · 1889
- Bates v. BabcockCalifornia Supreme Court · 1892
- Sherman v. SandellCalifornia Supreme Court · 1895
- Doyle v. BurnsSupreme Court of Iowa · 1904
- Betts v. LetcherSouth Dakota Supreme Court · 1890
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3Cited by10 opinions
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- Mitchell v. MitchellSupreme Judicial Court of Maine · 1940
- Curtiss v. CrooksWashington Supreme Court · 1937
- Hargrave v. City of KeokukSupreme Court of Iowa · 1929
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