Sell v. West
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cowt. — Hon. D. D. Eishee, Judge. The controlling question in an inquiry as to whether there is a resulting trust is the ownership of the purchase money. If such ownership be established by parol, so as to leave no room for a reasonable doubt in the mind of the chancellor, the resulting trust exists and follows the real ownership of the property. The respondent, West, is a fiduciary, the same as if he took directly from Billon.
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Appeal from St. Louis City Circuit Cowt. — Hon. D. D. Eishee, Judge. The controlling question in an inquiry as to whether there is a resulting trust is the ownership of the purchase money. If such ownership be established by parol, so as to leave no room for a reasonable doubt in the mind of the chancellor, the resulting trust exists and follows the real ownership of the property. The respondent, West, is a fiduciary, the same as if he took directly from Billon. Bispham’s Principles of Equity [4 Ed.], p. 119, et seq.; Hill on Trustees, p. 91, and cases; Kelly v. Johnson, 28 Mo. 249;…
1Opinion of the CourtSherwood, J.
The parties plaintiff and defendant to this proceeding are (with the exception of defendant Franklin P. Steer, lessee, and plaintiff Walter E. Sell, and defendant Lewis Ruffner, Jr.) the three children of Thos. H. West, to wit, Washington West, Martha E. Sell and Virginia L. Ruffner. Thos. H. West died some time in the summer or fall of the year 1878.
In the year 1862, Thomas H. West, then doing business in St. Louis, became hopelessly involved and bankrupt. He then owned certain property on the north side of Olive street, between Fifth and Sixth streets, and tract of land out at Shaw’s…
2Cases cited7 opinions
- George v. WilliamsonSupreme Court of Missouri · 1858
- Henderson v. Henderson's ExecutorsSupreme Court of Missouri · 1850
- Miller v. DavisSupreme Court of Missouri · 1872
- Buren v. BurenSupreme Court of Missouri · 1883
- Kelly v. JohnsonSupreme Court of Missouri · 1859
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3Cited by16 opinions
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