Legal Opinion

Bradley v. Bradley

Supreme Court of Missouri

Decided December 23, 1893PublishedCited by 10 opinions

Appeal from Livingston Circuit Court. — Robert 8. Moore, Esquibe, Special Judge. Under the facts in this case, as set up by the pleadings, a resulting trust arises by operation of law, where the purchase money is paid by one person and the legal title transferred to another. Kelley v. Johnson, 28 Mo. 249; Page v. Page, 8 N. H. 187; Gower v. Bank, 4 Sand. 106; Boyd v. Maclean, 1 Johns; Chancery, 582; 2 Jac. & Walk. 578; Cecil v. Butcher and Bummer v. Pilcher, 2; Mylnev.

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Appeal from Livingston Circuit Court. — Robert 8. Moore, Esquibe, Special Judge. Under the facts in this case, as set up by the pleadings, a resulting trust arises by operation of law, where the purchase money is paid by one person and the legal title transferred to another. Kelley v. Johnson, 28 Mo. 249; Page v. Page, 8 N. H. 187; Gower v. Bank, 4 Sand. 106; Boyd v. Maclean, 1 Johns; Chancery, 582; 2 Jac. & Walk. 578; Cecil v. Butcher and Bummer v. Pilcher, 2; Mylnev. Kern, 262.

1Opinion of the CourtBlack, P. J.

Jennie Bradley commenced this suit of ejectment in 1889, against G-eorge Bradley and Hannah Bradley,' to recover a small parcel of land in the city of Chillicothe. Zachariah Bradley was made defendant on his own motion. Hannah died pending the suit and it abated as to her. The separate answers of the other defendants are to the following effect: They admit legal title in the plaintiff, Jennie Bradley, and aver that the property was purchased and paid for by Zachariah with his own money, and that plaintiff paid no part of the consideration; that plaintiff was the wife of G-eorge, who was…

2Cases cited2 opinions

  1. Adams v. BurnsSupreme Court of Missouri · 1888
  2. Philpot v. PennSupreme Court of Missouri · 1886

3Cited by10 opinions

  1. Hayden v. DannenbergSupreme Court of Oklahoma · 1914
  2. Thurston, County Treasurer v. CaldwellSupreme Court of Oklahoma · 1913
  3. Morrow v. MatthewIdaho Supreme Court · 1904
  4. Reed v. PainterSupreme Court of Missouri · 1895
  5. Kinnett v. GoodnoSupreme Court of Oklahoma · 1935

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