Bland v. Talley
Supreme Court of Arkansas
APPEAL from Howard Circuit Court in Chancery. H. B. Stewaet, Judge. All trusts of land must be made manifest and proved by writing signed by the party declaring the trust, except such as arise by implication of law. Mansf.
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APPEAL from Howard Circuit Court in Chancery. H. B. Stewaet, Judge. All trusts of land must be made manifest and proved by writing signed by the party declaring the trust, except such as arise by implication of law. Mansf. Dig., sees. 3382-3; 42 Ark., 503. The facts here are not such as to raise an implied or resulting trust: I. A resulting trust does not arise when one person purchases land upon his own credit, and takes title in his own name, and the undertaking to act for the benefit of another is by parol. 3 A. K. Marsh, 56; 4 Md., 465. Something more than a violation of a parol contract…
1Opinion of the CourtSmith, J.
The object of the bill was to establish a resulting trust in land. It alleged that the.plaiptiff, John L. Talley, and his. two brothers, William H...and Frank, both :sinee deceased, had, in the year 1872, purchased a tract of two hundred acres of land for $1,200, the same to be held in common and in equal shares; that as the plaintiff and Frank were minors, it was on that account agreed that the purchase ¡should be made in the name of William H.; that the.pur•chase was entirely upon a credit and the land was to be paid for entirely out of the crops produced by their joint labor; that the…
2Cases cited2 opinions
- Irwin v. IversIndiana Supreme Court · 1855
- Neal v. NealIndiana Supreme Court · 1880
3Cited by19 opinions
- Andres v. AndresCourt of Appeals of Arkansas · 1981
- Spradling v. SpradlingSupreme Court of Arkansas · 1911
- Harbour v. HarbourSupreme Court of Arkansas · 1912
- Grayson v. BowlinSupreme Court of Arkansas · 1902
- Cushing v. HeustonWashington Supreme Court · 1909
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