Robinson v. Payne
Mississippi Supreme Court
Appeal from the Chancery Court of Madison County. Hon. E. G. Peyton, Chancellor. The case is stated in the opinion of the court. Relief was denied to appellants in the court below upon the ground that their bill was not filed within one year after the investment of their mother’s money in the lands.
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Appeal from the Chancery Court of Madison County. Hon. E. G. Peyton, Chancellor. The case is stated in the opinion of the court. Relief was denied to appellants in the court below upon the ground that their bill was not filed within one year after the investment of their mother’s money in the lands. The one year’s statute, as applied to a proceeding to establish a trust in lands purchased with a married woman’s money by her husband', is a fanciful conceit — a limitation created by the chancellor in the face of the statute which declares the trust. There is no analogy between the two…
1Opinion of the CourtChalmers, C. J.
This is a bill filed by the children of John Robinson and of his wife, Sarah Lowe Robinson, deceased, seeking to recover from Payne &Co. certain lands obtained by the latter under and by virtue of a judgment confessed by the father of complainants in favor of defendants. Complainants aver that these lands were bought by their father with the money of their mother, and the title taken in his name, in violation of her rights, and that therefore, by virtue of our statute, the lands were impressed with a trust in her favor, which they, as her heirs, are entitled to enforce against defendants.…
2Cases cited3 opinions
- Green v. WellerMississippi Supreme Court · 1856
- Brooks ex rel. Nugent v. SheltonMississippi Supreme Court · 1877
- Thomson v. HesterMississippi Supreme Court · 1878
3Cited by14 opinions
- Utter v. SidmanSupreme Court of Missouri · 1902
- Dickson v. Van HooseSupreme Court of Alabama · 1908
- Durand v. HigginsSupreme Court of Kansas · 1903
- Moss v. JourdanMississippi Supreme Court · 1922
- Bean v. KenmuirSupreme Court of Missouri · 1885
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