State Ex Rel. Roll v. Ellison
Supreme Court of Missouri
Certiorari. (1) The opinion of the Court of Appeals is directly in conflict with a long line of decisions of this court, which decide that where a husband purchases land with his own means and takes title, either in the name of his wife, or in the name of himself and wife, then it is presumed that the interest which the wife’thus took in the land was intended as a provision for her, and there is no resulting trust in his favor for the money he paid for the land.
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Certiorari. (1) The opinion of the Court of Appeals is directly in conflict with a long line of decisions of this court, which decide that where a husband purchases land with his own means and takes title, either in the name of his wife, or in the name of himself and wife, then it is presumed that the interest which the wife’thus took in the land was intended as a provision for her, and there is no resulting trust in his favor for the money he paid for the land. Wilhite v. Wilhite, 224 S. W. 448, 450; Bender v. Bender, 220 S. W. 929; Moss v. Axdrey, 260 Mo. 595, 611; Yiers v. Viers, 175 Mo.…
1Opinion of the CourtJames T. Blair, C. J.
The writ brings into this court the record of the Kansas City Court of Appeals in the case of Francis Elliott v. Hattie Roll, 226 S. W. 590. Prom the opinion in that case it appears that the facts are that Francis Elliott and Nancy S. Elliott were husband and wife; that during the marriage Francis Elliott bought and paid for a tract of land and caused the deed to be made to himself and Nancy S., his wife; that subsequently, Nancy S. procured a divorce from Francis; they had no children. Soon after the decree of divorce was rendered Francis brought suit against his former wife to partition the…
2Cases cited5 opinions
- Reed v. ReedCourt of Appeals of Maryland · 1909
- Bender Ex Rel. Bender v. BenderSupreme Court of Missouri · 1920
- Hayes v. HortonOregon Supreme Court · 1905
- Wilhite v. WilhiteSupreme Court of Missouri · 1920
- Russell v. RussellSupreme Court of Missouri · 1894
3Cited by10 opinions
- Barnett, Admr. v. Couey, Admr.Missouri Court of Appeals · 1930
- Sutorius v. MayorSupreme Court of Missouri · 1943
- Nat. City Bk. of Evansville, Etc. v. BledsoeIndiana Supreme Court · 1957
- Jones v. JonesSupreme Court of Missouri · 1930
- Hernandez v. PrietoSupreme Court of Missouri · 1942
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