Beidler v. Beidler
Supreme Court of Arkansas
Appeal from Miller Circuit Court in Chancery. Joel D. Conway, Judge. J. H. Beidler held the lands in trust for his grantor. 33 Ark. 762. A resulting trust may be proved by parol. 45 Ark. 472; 48 Ark. 169; 11 Ark. 82; 40 Ark. 146. The same rule applies to deeds intended as a mortgage. 5 Ark. 321; 3 Ark. 364; 7 Ark. 502; 18 Ark. 34; 23 Ark. 479; 40 Ark. 146. Resulting trusts, or trusts created by operation of law, are excluded from the effect of our statute of fraud.
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Appeal from Miller Circuit Court in Chancery. Joel D. Conway, Judge. J. H. Beidler held the lands in trust for his grantor. 33 Ark. 762. A resulting trust may be proved by parol. 45 Ark. 472; 48 Ark. 169; 11 Ark. 82; 40 Ark. 146. The same rule applies to deeds intended as a mortgage. 5 Ark. 321; 3 Ark. 364; 7 Ark. 502; 18 Ark. 34; 23 Ark. 479; 40 Ark. 146. Resulting trusts, or trusts created by operation of law, are excluded from the effect of our statute of fraud. Sand. & H. Dig. § 4381; 9 Ark. 518; 30 Ark. 239. Where an estate is purchased bj- one, and the deed is taken in the ñame of…
1Opinion of the CourtBattle, J.
Senator Roy Beidler instituted a suit against J. H. Beidler, X. F. Beidler, Grace Beidler, Joseph L. Foster and W. J. Foster to set aside certain deeds. He alleged in his complaint that he is the son of H. M. Beidler, who departed this life leaving him his only heir; that H, M. Beidler in his lifetime conveyed and caused to be conveyed to the defendant J.' H. Beidler, certain lands described in his complaint and belonging to him; that the lands were conveyed with the understanding that J. H. was to hold the legal, title in trust for H. M., and make title to purchasers on demand of H. M., and…
2Cases cited7 opinions
- Gregory v. BartlettSupreme Court of Arkansas · 1891
- Hall v. BonvilleSupreme Court of Arkansas · 1880
- Memphis Land & Timber Co. v. Board of Directors of St. Francis Levee DistrictSupreme Court of Arkansas · 1902
- State v. WilliamsSupreme Court of Arkansas · 1856
- Bennett v. OwenSupreme Court of Arkansas · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Davis v. SchimmelSupreme Court of Arkansas · 1972
- Clay v. BilbySupreme Court of Arkansas · 1904
- Cowling v. BrittSupreme Court of Arkansas · 1914
- Black v. MerrittCourt of Appeals of Arkansas · 1992
- Howell v. JacksonSupreme Court of Arkansas · 1908
4 more not listed; retrieve them via the Exa API.