McDonald v. Hooker
Supreme Court of Arkansas
Appeal from Jackson Circuit Court in Chancery. James W. Butler, Judge. 1. The testimony of Mrs. McDonald is vague and indefinite — and she is contradicted by all the other witnesses. 2. If there was a trust in this case, it was an express trust; it could be no other, and, being in parol, it was void under our statute of frauds, Mansf. Dig. sec. 3382; 2 Reed, Stat. Frauds, sec. 851; 4 Ark. 296 ; 45 Ark. -481; 21 id. 440; 37 id. 146; 1 Johns.
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Appeal from Jackson Circuit Court in Chancery. James W. Butler, Judge. 1. The testimony of Mrs. McDonald is vague and indefinite — and she is contradicted by all the other witnesses. 2. If there was a trust in this case, it was an express trust; it could be no other, and, being in parol, it was void under our statute of frauds, Mansf. Dig. sec. 3382; 2 Reed, Stat. Frauds, sec. 851; 4 Ark. 296 ; 45 Ark. -481; 21 id. 440; 37 id. 146; 1 Johns. Chy. 339 ; 2 Bibb, 311. 3. This case does not fall within the definition of either a constructive or resulting trust, and does not arise by operation of…
1Opinion of the CourtHughes, J.
This is an appeal from a decree in chancery holding that McDonald, the appellant, held lands described in the complaint and the decree in trust for the appellee, and ordering partition thereof. The appellee is the daughter of Sarah C. McDonald, and the grand-daughter of Mathew Davis, who died in September, 1866, leaving six heirs, of whom the appellee’s mother, since deceased, was one. A few days before his death the said Mathew Davis, by absolute deed of warranty, reciting a consideration of $8000 conveyed to the appellant, who was his son-in-law, certain lands, being the lands involved in…
2Cases cited10 opinions
- Phillips v. South Park CommissionersIllinois Supreme Court · 1887
- Robinson v. RobinsonSupreme Court of Arkansas · 1885
- McClain v. McClainSupreme Court of Iowa · 1881
- Movan v. HaysNew York Court of Chancery · 1815
- Kelly v. KarsnerSupreme Court of Alabama · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Harbour v. HarbourSupreme Court of Arkansas · 1912
- Sandefur v. HinesSupreme Court of Kansas · 1904
- Redinger v. JonesSupreme Court of Kansas · 1904
- Barron v. StuartSupreme Court of Arkansas · 1918
- Veasey v. VeaseySupreme Court of Arkansas · 1913
6 more not listed; retrieve them via the Exa API.