Marshall v. Cowles
Supreme Court of Arkansas
APPEAL from Carroll Circuit Court. Hon. J. M. Pittman, Judge. The alleged agreement or contract having been made before the.patent issued, was void, as against public policy. Revised Stat. U. S., sec. 8863; 1 Dillon, 886. The purchase money furnished and labor done by appellee, created a resulting trust in his favor, which a court of equity will enforce, and it may be proved by parol. 88 Mo., 578; If Nev.,380; Lipscomb v. Nichols, Sup. Ct.
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APPEAL from Carroll Circuit Court. Hon. J. M. Pittman, Judge. The alleged agreement or contract having been made before the.patent issued, was void, as against public policy. Revised Stat. U. S., sec. 8863; 1 Dillon, 886. The purchase money furnished and labor done by appellee, created a resulting trust in his favor, which a court of equity will enforce, and it may be proved by parol. 88 Mo., 578; If Nev.,380; Lipscomb v. Nichols, Sup. Ct. Col., Dec., 1888. Appellee had a perfect right, under sec. 8871/., Rev. Stat. U. S., to make the contract.
1Opinion of the Court
' Battle, J.
Hiram Oo.wles alleged, in his complaint, that in November, 1881, the defendant, Henry Marshall, being in possession of the land in question, which wa,s then wild and unimproved, and belonged to the United States, desired to purchase it, but was unable to do so ; and that he proposed to plaintiff, Hiram Cowles, if he would contribute one-half of the purchase money, and assist in improving it, and pay one-half of the costs of the improvements, he would enter it, and plaintiff should have one-half interest in the land and joint possession with him; and that when he obtained a title…
2Cases cited2 opinions
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