Matthews v. Simmons
Supreme Court of Arkansas
APPEAL from Lincoln Circuit Court in Chancery. J. A. Williams, Judge. Whether appellee got the bond for title by assignment from the widow or not, o.r whether he got under a contract to procure a deed or not from Williamson, or whether he got the deed by reason of having the bond in his possession, he is a trustee, and the measure of his responsibility is the same. By interfering or intermeddling with the property of these heirs, he made himself a trustee. 2 Story Eq.
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APPEAL from Lincoln Circuit Court in Chancery. J. A. Williams, Judge. Whether appellee got the bond for title by assignment from the widow or not, o.r whether he got under a contract to procure a deed or not from Williamson, or whether he got the deed by reason of having the bond in his possession, he is a trustee, and the measure of his responsibility is the same. By interfering or intermeddling with the property of these heirs, he made himself a trustee. 2 Story Eq. Jur., 1233; 2 Pom. Eq. Jur., 1033; 1 Story, 236, 64,6th ed.; Hill on Trustees, par. 173, pp. 263-4; & Hare, 303; 1 Har. &…
1Opinion of the CourtSmith, J.
The object of this bill, filed by the widow and surviving heirs at law of John L. Matthews, is to hold Sim- ’ mons accountable as a trustee for the proceeds of 120 acres of land sold by him, but of which they claim to have been the equitable owners. The allegations are that John L. Matthews had purchased the land.from one Smith Williamson of the State of Georgia in the year 1863 and held a bond conditioned to'make title upon payment of the purchase money ; that the terms of the purchase are unknown to the plaintiffs, but they charge that the price had been paid, with the exception of about…
2Cited by12 opinions
- Johnson v. UmstedCourt of Appeals for the Eighth Circuit · 1933
- Singer v. NaronSupreme Court of Arkansas · 1911
- Walker v. BiddleSupreme Court of Arkansas · 1955
- Stianson v. StiansonSouth Dakota Supreme Court · 1918
- Holloway v. EagleSupreme Court of Arkansas · 1918
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