LaCotts v. LaCotts
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor ; 1. The evidence is not sufficient to show a constructive trust. In order to graft a trust upon a valid written instrument, the evidence must be clear, positive and convincing. 39 Cyc. 84, and notes; 44 Ark. 365; 11 Ark. 82; 4 Am. Dec. 66Í; 3 Kerr on Real Prop., § § 1720,1726; 42 Am. Dec. 521; 13 Id. 133; 89 Ark. 182; 163 111. 557, 43 N. E. 170; 76 Cal. 469, 9 Am.
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor ; 1. The evidence is not sufficient to show a constructive trust. In order to graft a trust upon a valid written instrument, the evidence must be clear, positive and convincing. 39 Cyc. 84, and notes; 44 Ark. 365; 11 Ark. 82; 4 Am. Dec. 66Í; 3 Kerr on Real Prop., § § 1720,1726; 42 Am. Dec. 521; 13 Id. 133; 89 Ark. 182; 163 111. 557, 43 N. E. 170; 76 Cal. 469, 9 Am. St. Rep. 242, 18 Pac. 429; 66 Conn. 493, 34 Atl. 490. 2. Appellee does not allege in his answer, and cross complaint, and the proof does not establish, facts…
1Opinion of the CourtMcCulloch, C. J.
This ease involves a controversy between father and son over the title to a quarter-section of land in Arkansas County, where appellant and appellee both reside.
The tract of land was originally owned by appellee, John A. LaCotts, and was sold by a commissioner of the chancery court of Arkansas County in the year 1906, pursuant to a decree of that court in favor of I. C. Gibson against appellee.
Appellant purchased the land at the sale, and the commissioner conveyed it to him, the deed being approved by the court and duly recorded.
The land was adapted to the culture of rice, and appellant…
2Cases cited3 opinions
- Spradling v. SpradlingSupreme Court of Arkansas · 1911
- Ammonette v. BlackSupreme Court of Arkansas · 1904
- Rushton v. McIllveneSupreme Court of Arkansas · 1908
3Cited by15 opinions
- O'Connor v. PattonSupreme Court of Arkansas · 1926
- Sargent v. HamblinNew Mexico Supreme Court · 1953
- Barron v. StuartSupreme Court of Arkansas · 1918
- Citizens Bank v. MeyerSupreme Court of Minnesota · 1921
- Strasner v. CarrollSupreme Court of Arkansas · 1916
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