Legal Opinion

Richardson v. Champion

Supreme Court of Missouri

Decided April 1, 1898PublishedCited by 16 opinions

Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) There is no evidence that the $1,175, or any part thereof, was paid into Simpson’s hands before or contemporaneous with the purchase of Simpson in his own name, as charged in the answer, and, therefore, 1 ‘there was no feoffment without -consideration, to result to the use of the feoffor, and there could be no resulting trust.”

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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) There is no evidence that the $1,175, or any part thereof, was paid into Simpson’s hands before or contemporaneous with the purchase of Simpson in his own name, as charged in the answer, and, therefore, 1 ‘there was no feoffment without -consideration, to result to the use of the feoffor, and there could be no resulting trust.” Perry on Trusts, secs. 133,135; Kelly v. Johnson, 28 Mo. 251; Sells v. West, 125Mo. 621. (2) If it could be gathered from the evidence that Simpson and DuBois agreed that Simpson should buy in…

1Opinion of the CourtBrace, P. J.

On the first day of March, 1890, Stafford DuBois, one of the defendants, being the owner and in possession of lot number 11 in block number 2 of the first division of the Rankin estate in city block 2225, fronting on Leonard avenue in the city of St. Louis, executed a deed of trust of that date by which he conveyed said lot to Leo Block in trust to secure the payment of a promissory note for $700 therein described. ' On the eighteenth of June, 1892, the said trustee in pursuance of the provisions of, and by virtue of the power in him vested by said deed of trust, offered said property at…

2Cases cited15 opinions

  1. Rose v. BatesSupreme Court of Missouri · 1848
  2. Turner v. JohnsonSupreme Court of Missouri · 1888
  3. Slowey v. McMurraySupreme Court of Missouri · 1858
  4. Condit v. MaxwellSupreme Court of Missouri · 1898
  5. Shaw v. ShawSupreme Court of Missouri · 1885

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3Cited by16 opinions

  1. Swon v. HuddlestonSupreme Court of Missouri · 1955
  2. Parker v. BlakeleySupreme Court of Missouri · 1936
  3. Bender Ex Rel. Bender v. BenderSupreme Court of Missouri · 1920
  4. Phillips v. HardenburgSupreme Court of Missouri · 1904
  5. Thierry v. ThierrySupreme Court of Missouri · 1923

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