McMurray v. McMurray
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — Hon. Frank It. Bearing, Judge. (1) Suits to establish resulting trusts have been of frequent occurrence in Missouri and elsewhere. "While each ease rested upon the view taken of its own particular facts, the principles of decision in the several jurisdictions have been remarkably in unison and well settled.
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Appeal from Jefferson Circuit Court. — Hon. Frank It. Bearing, Judge. (1) Suits to establish resulting trusts have been of frequent occurrence in Missouri and elsewhere. "While each ease rested upon the view taken of its own particular facts, the principles of decision in the several jurisdictions have been remarkably in unison and well settled. They may be epitomized, as concerns the case at bar, as follows: (a) A resulting trust is said to arise when land is purchased with the money of one, but the title taken in the name of another, where a gift or settlement is not intended, (b) The…
1Opinion of the CourtMarshall, J.
This is a proceeding in equity to declare a resulting trust in favor- of the plaintiff, to thirty and twenty-eight hundredths acres of land, in Jefferson county, Missouri, being the south part of the southwest fractional quarter of section 17, township 41 north, range 6.
The petition charges that on July 28, 1870, J. Wilson MeMurray purchased the land with the money of his mother, Eliza MeMurray, for the purpose of securing to her a home, and that he wrongfully and without her knowledge took the title thereto in his own name;, that she entered into the possession of the premises and claimed…
2Cases cited14 opinions
- Johnston v. JohnstonSupreme Court of Missouri · 1903
- Shaw v. ShawSupreme Court of Missouri · 1885
- Rankin v. HarperSupreme Court of Missouri · 1856
- Rice v. ShipleySupreme Court of Missouri · 1901
- Baumgartner v. GuessfeldSupreme Court of Missouri · 1866
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3Cited by4 opinions
- Branner v. KlaberSupreme Court of Missouri · 1932
- Laughlin v. LaughlinSupreme Court of Missouri · 1922
- Key v. KilburnSupreme Court of Missouri · 1950
- Stoff v. SchuetzeSupreme Court of Missouri · 1922