Della v. Della
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; 1. The evidence does not support the finding of the chancellor.
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Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; 1. The evidence does not support the finding of the chancellor. No resulting trust was created, as the evidence must be clear and convincing. 48 Ark. 169; 45 Id. 484; 64 Id. 162; 71 Id. 378. The same rule is true of real and personal property. 2. Where a husband gives or delivers property to his wife, it becomes, so far as he is concerned, absolutely her property. 23 Ark. 508; 73 Id. 282; 31 Conn. 134; 50 Mo. 262; 1 App. D. C. 240; 32 N. J. Eq. 174; 76 Ark. 390; Kirby’s Dig., § 2684. The law does not imply a promise on the…
1Opinion of the CourtHart, J.
On the fourth day of April, 1910, Christine Della instituted a suit for divorce against John Della, and as grounds therefor alleged that defendant had offered such indignities to her person as rendered her condition in life intolerable.
The defendant answered, denying all the allegations of the complaint, and for grounds of cross complaint alleged that plaintiff was guilty of adultery. He also alleged that he had deliv•ered to her certain moneys to keep for him, and asked that she be declared to hold same in trust for him. The .prayer of his cross complaint was for a divorce and for am…
2Cases cited2 opinions
- Milner v. FreemanSupreme Court of Arkansas · 1882
- Ward v. Estate of WardSupreme Court of Arkansas · 1880
3Cited by6 opinions
- Kelly v. KellySupreme Court of Arkansas · 1979
- Johnson v. JohnsonSupreme Court of Arkansas · 1914
- Brunner v. Title Insurance and Trust CompanyCalifornia Court of Appeal · 1914
- Hubbard v. McMahonSupreme Court of Arkansas · 1915
- Trotter v. MinnisSupreme Court of Arkansas · 1940
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