Nevils v. Union Trust Co.
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; Counsel review and discuss the testimony, and contend that a clear preponderance of the evidence' establishes a resulting trust in favor of the appellant. The question in this case is not who bores the expense of the improvements, but ivho paid the purchase money for the lot itself in controversy here.
Read the full summary
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; Counsel review and discuss the testimony, and contend that a clear preponderance of the evidence' establishes a resulting trust in favor of the appellant. The question in this case is not who bores the expense of the improvements, but ivho paid the purchase money for the lot itself in controversy here. And on this point the evidence is positive, first, that appellant paid the consideration, at the time of the purchase,, for the lot in question, out of his own means; and, second, that when he had the conveyance made to his…
1Opinion of the CourtMcCulloch, C. J.
Appellant, John T. Nevils, instituted this action in the chancery court of Pulaski county against the executor of the last will and testament of his mother, Eliza J. Nevils, and his sisters, the other heirs of said decedent, to enforce an alleged resulting trust'in a lot in the city of Little Rock in which title was vested in said decedent.
Appellees answered the complaint, and upon the issue thus joined, the chancery court decided that the testimony was insufficient to establish a resulting trust, and dismissed the complaint for want of equity.
Three adjoining lots in the city of Little Rock…
2Cases cited1 opinion
- Johnson v. RichardsonSupreme Court of Arkansas · 1884
3Cited by6 opinions
- Bray v. TimmsSupreme Court of Arkansas · 1924
- Ripley v. KellySupreme Court of Arkansas · 1944
- Kelley v. Northern Ohio Co.Supreme Court of Arkansas · 1946
- McKindley v. HumphreySupreme Court of Arkansas · 1942
- Simpson v. ThayerSupreme Court of Arkansas · 1949
1 more not listed; retrieve them via the Exa API.