Milner v. Freeman
Supreme Court of Arkansas
APPEAL from White Circuit Court in Chancery. Hon. J. W. Martin, Circuit Judge, on exchange of Circuits. This case must fail as an express trust, not being in writing, under Seo. 2962, Gantt’s Dig., but the facts here are such that the law implies a trust, and such trusts are excepted from the Statute of Frauds. Ib. Seo. 2963. This is one of those trusts which arises from the presumed intention ©f the parties. Story &q. Jur.
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APPEAL from White Circuit Court in Chancery. Hon. J. W. Martin, Circuit Judge, on exchange of Circuits. This case must fail as an express trust, not being in writing, under Seo. 2962, Gantt’s Dig., but the facts here are such that the law implies a trust, and such trusts are excepted from the Statute of Frauds. Ib. Seo. 2963. This is one of those trusts which arises from the presumed intention ©f the parties. Story &q. Jur. Sec. 1195, 1197, 1201. Though formerly not so in England, (citing cases), it is now settled that parol evidence is admissible to contradict the recitals of a deed in cases…
1Opinion of the CourtSmith, J.
This was a bill to have a resulting trust declared in lands which a husband had purchased and caused to be conveyed to his wife; it being alleged that it was understood and agreed at the time that she should hold only a life estate, and that upon her death the lands should revert to him. The Circuit Court denied the relief and dismissed the bill.
The proofs disclose the following facts: — Milner, the plaintiff, in 1863, bought two lots, and again in 1869 two other lots, in the town of Searcy, for which he paid with his own means. The lots were unimproved, but Milner built a house upon them, in…
2Cases cited1 opinion
- Rogers v. MurrayNew York Court of Chancery · 1831
3Cited by31 opinions
- Red Bud Realty Co. v. SouthSupreme Court of Arkansas · 1910
- Jackson v. JacksonSupreme Court of Georgia · 1920
- Harbour v. HarbourSupreme Court of Arkansas · 1912
- Indian Land & Trust Co. v. OwenSupreme Court of Oklahoma · 1916
- Spear Mining Co. v. ShinnSupreme Court of Arkansas · 1910
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