Heiskell v. Powell
West Virginia Supreme Court
Johnson, Pkgsident, furnishes the following statement of the case: In July, 1880, P. W. Heiskell instituted a suit in equity in the circuit court of Hampshire county, against J. H. Powell and J. C. Heiskell.
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Johnson, Pkgsident, furnishes the following statement of the case: In July, 1880, P. W. Heiskell instituted a suit in equity in the circuit court of Hampshire county, against J. H. Powell and J. C. Heiskell. The bill was filed at October rules, 1880. The bill alleges that plaintiff and Powell made a yer-bal arrangement to buy two certain tracts of land in said county of a special commissioner, who had been appointed by the court; that it was agreed that they were to have each an equal interest iu the same, and that Powell was to be represented as the purchaser, and the deed was to be held by…
1Opinion of the Court
JOHNSON, PRESIDENT:
The first question presented is: Do the pleadings and proof show that there was a resulting trust in favor of P. W. Heiskell, growing out of the purchase and conveyance of said land ? Where one enters into an executory contract for the purchase of land, and afterwards, but before the title is conveyed to himj or any part of the purchase-money is paid, he agrees with another, that if ho will pay one half the pur*722chase-money, he shall he an equal owner in the land, and the other consents, and therefore the two pay the purchase-money, each one half thereof, and the legal title…
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3Cited by17 opinions
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