Atkinson v. Greaves
Mississippi Supreme Court
From the chancery court of Madison county. Hon. H. C. Conn, Chancellor. The appellees exhibited the' bill in this case against the appellant, Atkinson, seeking to establish a trust in certain lands. . They claim through their deceased mother. The lands were purchased prior to 1859 by S. A. H. Greaves, the' father of complainants, who took the title in his own name.
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From the chancery court of Madison county. Hon. H. C. Conn, Chancellor. The appellees exhibited the' bill in this case against the appellant, Atkinson, seeking to establish a trust in certain lands. . They claim through their deceased mother. The lands were purchased prior to 1859 by S. A. H. Greaves, the' father of complainants, who took the title in his own name. Complainants averred that the purchase-money paid was that of their mother, whereby a trust resulted in her favor. The defendant answered, denying the material allegations of the bill. Among other things, he set up-the defense of a…
1Opinion of the CourtCooper, J.
It is unnecessary to consider whether the evidence of complainants is sufficient to establish a resulting trust in their favor in the lands in controversy by reason' of the payment of the purchase-money by their deceased mother.
Conceding that their father, S. A. D. Greaves, to whom the land was conveyed, paid for it with the money of his wife, and that a trust resulted to her, and that by her death the complainants succeeded to her right, and might have established the trust against S. A. D. Greaves, or against any one claiming under him, other than a purchaser in good faith, the complainants…
2Cases cited1 opinion
- Schumpert v. Dillard, Pinson & Co.Mississippi Supreme Court · 1877
3Cited by8 opinions
- Daly v. RizzuttoWashington Supreme Court · 1910
- Barksdale v. LearnardMississippi Supreme Court · 1916
- Mills v. Damson Oil Corp.Court of Appeals for the Fifth Circuit · 1982
- Hart v. GardnerMississippi Supreme Court · 1902
- Robertson v. DombroskiMississippi Supreme Court · 1996
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