Hynds v. Hynds
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. _ Nat M. Shelton, Judge. (1) Parol testimony to impress upon the clear legal title- an inplied trust, in order to accomplish such an object and secure sucb an end, must be clear, strong and unequivocal, so degnite and positive as to leave no reasonable doubt in tbe mind of tbe chancellor as to tbe existence of sucb trust.
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Appeal from Macon Circuit Court. — Hon. _ Nat M. Shelton, Judge. (1) Parol testimony to impress upon the clear legal title- an inplied trust, in order to accomplish such an object and secure sucb an end, must be clear, strong and unequivocal, so degnite and positive as to leave no reasonable doubt in tbe mind of tbe chancellor as to tbe existence of sucb trust. Allen v. Logan, 96 Mo.- 591; McFarland v. LaForce, 119 Mo. 500; Adams v. Burns, 96 Mo. 361; King v. Isley, 116 Mo. 155; R. S. 1855', sec. 4, 669. (2) A resulting trust can only arise where tbe person claiming tbe benefit of tbe trust…
1Opinion of the Court
BROWN, C.
This is ejectment begun in the Adair Circuit Court in March, 1909, to recover three tracts of' land in that county. The first and largest of these tracts is described as follows: The south half of the southwest quarter of Section 12 of Township 61 of Range 15 except the right of way of the Wabash Railroad. It is not necessary to describe the two smaller tracts.
The petition was in the ordinary form, alleging that plaintiffs were entitled to possession on October 4, 1899, and the ouster on May 18, 1908.
The answer was (1) a general denial; (2) a prayer that the court ascertain and…
2Cases cited9 opinions
- Chouteau v. GibsonSupreme Court of Missouri · 1882
- McCune v. GoodwillieSupreme Court of Missouri · 1907
- Patterson v. BoothSupreme Court of Missouri · 1890
- Meier v. MeierSupreme Court of Missouri · 1891
- Hynds v. HyndsSupreme Court of Missouri · 1913
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3Cited by9 opinions
- Kerber v. RoweSupreme Court of Missouri · 1941
- Hrovat v. BinghamMissouri Court of Appeals · 1960
- Marshall v. CallahanMissouri Court of Appeals · 1950
- Turner v. KirkwoodCourt of Appeals for the Tenth Circuit · 1931
- Cramer v. JenkinsSupreme Court of Missouri · 1966
4 more not listed; retrieve them via the Exa API.