Weiss v. Heitkamp
Supreme Court of Missouri
Appeal from St. Lotms City Circuit Cotirt. — Hon. L. B. Yalliant, Judge. (1) From the facts set forth in the petition, a trust in favor of plaintiffs arises by implication of law. Such a trust is not within the statute of frauds, and the facts from or out of which it arises may be proved by parol evidence. Hence the court erred in excluding parol evidence offered for this purpose.
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Appeal from St. Lotms City Circuit Cotirt. — Hon. L. B. Yalliant, Judge. (1) From the facts set forth in the petition, a trust in favor of plaintiffs arises by implication of law. Such a trust is not within the statute of frauds, and the facts from or out of which it arises may be proved by parol evidence. Hence the court erred in excluding parol evidence offered for this purpose. Pomeroy’s Equity Jurisprudence, sec. 1032, and cases cited, and sec. 1293; Beach’s Modern Equity Jurisprudence, sec. 233; Ryan v. Dox, 34 N. Y. 319; Bispham’s Equity [5 Ed.], 156; Haigh v. Kaye, L. E. 7 Ch. App.…
1Opinion of the CourtBrace, P. J.
By general warranty deed, dated the twelfth day of January, 1885, John C. Kleekamp conveyed to his son-in-law, the defendant, B. Joseph Heitkamp, certain real estate in the city of St. Louis known as the “Autumn Street” property for the recited consideration of $12,000; and, by a like deed of the same date, conveyed to the said Heitkamp certain other real estate in said city, known as the “River Des Peres” prdperty, for the recited consideration of $5,000.
Afterward, on the nineteenth day of February, 1885, the Fourth National Bank of the city of St. Louis instituted suit, by attachment, upon…
2Cited by9 opinions
- Chambers v. ChambersSupreme Court of Missouri · 1910
- Parker v. BlakeleySupreme Court of Missouri · 1936
- Clark v. SkinnerSupreme Court of Missouri · 1934
- Richardson v. ChampionSupreme Court of Missouri · 1898
- Shelton v. HarrisonMissouri Court of Appeals · 1914
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