Johnson v. Austin
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor.; 1. There is no evidence to show that Mary Austin knew the effect of having her husband’s name joined in the deed, but on the contrary the facts and circumstances go to show that she did not understand its purport and effect. A trust will result, though the title is taken in the name of the grantee with the consent of the person paying the consideration. 15 Am.- & Eng.
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Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor.; 1. There is no evidence to show that Mary Austin knew the effect of having her husband’s name joined in the deed, but on the contrary the facts and circumstances go to show that she did not understand its purport and effect. A trust will result, though the title is taken in the name of the grantee with the consent of the person paying the consideration. 15 Am.- & Eng. Enc. of E. (2 Ed.), 1135 and cases cited; 85 Fed. 896. 2. The burden was on the defendant to show that his wife intended for him to take a beneficial interest in…
1Opinion of the CourtBattle, J.
Jordan Kirkpatrick, in his lifetime, purchased and paid for certain lots in the town of Argenta, in this State, and caused the same to be conveyed to his wife, Mary Kirkpatrick. He died leaving his wife, Willie Johnson, Amanda Morris and Frances Jackson, children by his wife, Mary, surviving. About ten years after the death of her husband, Mary married one Ausborn Austin. She exchanged the lots in Argenta with one William Amrhein for a sixty-acre tract in the country, which was conveyed to her on the 21st day of November, 1903. Afterwards Amrhein discovered that in executing the deed he had,…
2Cases cited1 opinion
- Smith v. SmithSupreme Court of Arkansas · 1906
3Cited by6 opinions
- Laundreville v. MeroMontana Supreme Court · 1929
- Nelson v. HallSupreme Court of Arkansas · 1926
- Shintaffer v. RoremSupreme Court of Oklahoma · 1934
- Wells v. SmithSupreme Court of Arkansas · 1939
- Fickes v. BakerCalifornia Court of Appeal · 1918
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