Chambers v. Emery
Utah Supreme Court
Appeal from the district court of the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. Action by Bobert C. Chambers against Susan R. Emery, administratrix of Albion R. Emery, deceased, t© enforce a resulting trust. From a judgment for defendant, plaintiff appeals.
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Appeal from the district court of the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. Action by Bobert C. Chambers against Susan R. Emery, administratrix of Albion R. Emery, deceased, t© enforce a resulting trust. From a judgment for defendant, plaintiff appeals. The burden of proof was on appellant to establish the facts upon which the trust rests by clear and satisfactory evidence. 1 Perry on Trusts, sec. 126. But when the appellant once showed by clear and satisfactory evidence the payment of one-half of the purchase money a presumption of a resulting trust arose, to…
1Opinion of the Court
Bartch, J.:
This is an action, in the nature of a bill in equity, instituted against the defendant, as administratrix of the *387estate of ter husband, Albion R. Emery, deceased, to establish a resulting trust, in favor of the plaintiff, to an alleged interest in certain mining property, and, because of said trust, to have an accounting of the profits and dividends which had accrued by reason of said interest. The cause was tried and judgment entered in favor of the defendant, denying the existence of the trust. This appeal is from that judgment.
It is alleged, in the complaint, substantially, that…
2Cases cited19 opinions
- Maxwell Land-Grant CaseSupreme Court of the United States · 1887
- Howland v. BlakeSupreme Court of the United States · 1878
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Purcell v. MinerSupreme Court of the United States · 1867
- Lehman v. LewisSupreme Court of Alabama · 1878
14 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Taylor v. Rupp (In Re Taylor)Court of Appeals for the Tenth Circuit · 1998
- Rawlings v. RawlingsUtah Supreme Court · 2010
- Child v. ChildUtah Supreme Court · 1958
- Hayden v. DannenbergSupreme Court of Oklahoma · 1914
- Reid v. KeatorIdaho Supreme Court · 1934
27 more not listed; retrieve them via the Exa API.