Peacock v. Nelson
Supreme Court of Missouri
Appeal from, Jackson Circuit Court. Maddox’s administrator relies upon certain verbal admissions and verbal testimony to show that the deeds were made upon a different consideration than that shown on their face; that they were made, in fact, in order to enable Nelson to sell the land conveyed, in trust that he would pay the net proceeds to Maddox. Such testimony is incompetent under the statute of frauds. (Wagn.
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Appeal from, Jackson Circuit Court. Maddox’s administrator relies upon certain verbal admissions and verbal testimony to show that the deeds were made upon a different consideration than that shown on their face; that they were made, in fact, in order to enable Nelson to sell the land conveyed, in trust that he would pay the net proceeds to Maddox. Such testimony is incompetent under the statute of frauds. (Wagn. Stat. 655, § 3.) (Section 4 of this chapter contains an exception in favor of such trusts as, result by implication of law from the deeds themselves. But this is so clearly out of…
1Opinion of the CourtAdams, Judge
The amended petition, upon which this case was tried, substantially stated .the facts to be that the plaintiff’s testator, Larkin *260Maddox, in. 1865, conveyed in fee to the defendant some 3,000 acres of land situated in Jackson and Cass counties ; that although $11,500 is named in the deed as the consideration, there was, in fact, no consideration at all paid or agreed to be paid by the defendant, but the conveyance was made to the defendant merely for the purpose 'of enabling him to act as the testator’s agent in the sale of the lands, and that the express agreement between them was that he…
2Cases cited1 opinion
- Groves' Heirs v. FulsomeSupreme Court of Missouri · 1852
3Cited by7 opinions
- Basman v. FrankSupreme Court of Missouri · 1952
- Damschroeder v. ThiasSupreme Court of Missouri · 1872
- Medical College Laboratory v. New York UniversityAppellate Division of the Supreme Court of the State of New York · 1902
- Hayner v. CrowSupreme Court of Missouri · 1883
- Smith v. St. Louis Beef Canning Co.Missouri Court of Appeals · 1884
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