O'Hair v. O'Hair
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. Jusse C. Hart, Judge. In order to create a resulting trust in favor of one who pays the purchase money for property bought in the name of another, the payment must be contemporaneous with the purchase. 30 Ark. 230; 29 Ark. 612; 26 Ark. 445. As to lot 6 appellant was ■entitled to the declaration of a resulting trust. 134 Ind. 529; 116 Ind. 175; 134 Ind. 115; 92 la. 610; 40 la. 152; 69 Ky. 339; 77 Me. 465'; Am. Dig. 1904 A, 1451; Am.
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Appeal from Pulaski Chancery Court. Jusse C. Hart, Judge. In order to create a resulting trust in favor of one who pays the purchase money for property bought in the name of another, the payment must be contemporaneous with the purchase. 30 Ark. 230; 29 Ark. 612; 26 Ark. 445. As to lot 6 appellant was ■entitled to the declaration of a resulting trust. 134 Ind. 529; 116 Ind. 175; 134 Ind. 115; 92 la. 610; 40 la. 152; 69 Ky. 339; 77 Me. 465'; Am. Dig. 1904 A, 1451; Am. Dig. 1904, B, 4422. There are no such circumstances in this case as to take it out ■of the general rule as to resulting trusts,…
1Opinion of the Court
Him,, C. J.
The parties to this suit are husband and wife; they have been married thirty-two years, and are the parents of nine children, and in their old age have fallen into litigation with each other over lots 4, 5 and 6 in block 142, in the city of Little Rock. Lot 4 was purchased in 1887 by Mrs. O’Hair from her mother, contrary to the wishes of Mr. O’Hair. It was heavily incumbered, and the equity not of great value. Part of lot 5, was purchased by Mrs. O’Hair, or rather she made a small payment on the purchase price, while Mr. O’Hair was in Colorado for his health, and without his…
2Cases cited8 opinions
- Tillar v. HenrySupreme Court of Arkansas · 1905
- Robinson v. RobinsonSupreme Court of Arkansas · 1885
- Bogy v. RobertsSupreme Court of Arkansas · 1886
- Grayson v. BowlinSupreme Court of Arkansas · 1902
- Ward v. Estate of WardSupreme Court of Arkansas · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Carpenter v. GibsonSupreme Court of Arkansas · 1912
- Poole v. OliverSupreme Court of Arkansas · 1909
- Simpson v. ThayerSupreme Court of Arkansas · 1949
- Wood v. WoodSupreme Court of Arkansas · 1915
- Hamby v. BrooksSupreme Court of Arkansas · 1908
7 more not listed; retrieve them via the Exa API.