Keith v. Wheeler
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martine.au, Chancellor; STATEMENT BY THE COURT. Appellant brought suit in ejectment against appellee for the possession of lot 4, block 94, in the city of Little Rock, claiming to be the owner thereof, and that appellee had been in unlawful possession of same since September, 1908. Appellee answered, denying that appellant was the owner of the property and that he was in unlawful possession thereof; alleged that the property was…
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Appeal from Pulaski Chancery Court; John E. Martine.au, Chancellor; STATEMENT BY THE COURT. Appellant brought suit in ejectment against appellee for the possession of lot 4, block 94, in the city of Little Rock, claiming to be the owner thereof, and that appellee had been in unlawful possession of same since September, 1908. Appellee answered, denying that appellant was the owner of the property and that he was in unlawful possession thereof; alleged that the property was purchased by his father, James Keith, and paid for with his own money, but, for some reason unknown, the deed was taken in…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is insisted for appellant that a trust resulted to James Keith, appellant's father, by operation of law, upon the purchase of the lot in controversy, and that appellee’s claim is barred by laches and limitations.
“When a man buys an estate and takes the deed in the name of a stranger, a trust results by operation of law to him who advances the purchase money. If, however, the nominal purchaser is the wife or the child of the person from whom the money comes, it is presumed to have been an advancement or a gift. But this presumption is not conclusive. It…
2Cases cited3 opinions
- Spradling v. SpradlingSupreme Court of Arkansas · 1911
- Chambers v. MichaelSupreme Court of Arkansas · 1903
- Foster v. TreadwaySupreme Court of Arkansas · 1911
3Cited by10 opinions
- Aycock v. BottomsSupreme Court of Arkansas · 1940
- Gibbs v. PaceSupreme Court of Arkansas · 1944
- Hill v. HopkinsSupreme Court of Arkansas · 1939
- Newman v. NewmanSupreme Court of Arkansas · 1943
- Darsow v. LandrethSupreme Court of Arkansas · 1963
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