Colegrove v. Colegrove
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John U. Martmeau, Chancellor; 1. The property is the sole and absolute property of D. D. Colegrove. The evidence is not “full, clear and convincing” enough to establish a resulting trust.
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Appeal from Pulaski Chancery Court; John U. Martmeau, Chancellor; 1. The property is the sole and absolute property of D. D. Colegrove. The evidence is not “full, clear and convincing” enough to establish a resulting trust. Bispham, Eq. § § 83, 84. ■ 2. Marriage is a valuable consideration, and the wife is regarded as a purchaser of all property which accrues to her by virtue of her marital rights. 74 Ind. 560; 32 U. S. 348; 98 Ind. 429. See, 50 Ark. 42; 62 Id. 26. 3. The fraudulent conveyance by a husband is a fraud on fhe wife’s rights. 49 N. E. 824; 10 Ind. 191; 84 Mo. 68; 134 Ind. 350;…
1Opinion of the Court
Him,, C. J.
D. D. Colegrove was twice married. His first wife, Mattie Colegrove, was given a residence in Little Rock by an uncle at the time of her marriage, and the deed thereto was made to her. Several years thereafter she 'exchanged this property with her stepfather for the property in question, which was also a residence in the city of Little Rock. It was incumbered at the time of the exchange with a mortgage for $500, and Mr. Colegrove borrowed a thousand dollars upon the property from a building and loan association, with which he paid the mortgage and spent the remainder in improving…
2Cases cited7 opinions
- Tillar v. HenrySupreme Court of Arkansas · 1905
- Johnson v. RichardsonSupreme Court of Arkansas · 1884
- Robinson v. RobinsonSupreme Court of Arkansas · 1885
- Trapnall's adx. v. BrownSupreme Court of Arkansas · 1857
- Richardson v. TaylorSupreme Court of Arkansas · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Spradling v. SpradlingSupreme Court of Arkansas · 1911
- Miller v. NannySupreme Court of Oklahoma · 1923
- Ripley v. KellySupreme Court of Arkansas · 1944
- McKindley v. HumphreySupreme Court of Arkansas · 1942
- Simpson v. ThayerSupreme Court of Arkansas · 1949
2 more not listed; retrieve them via the Exa API.