Jones v. Jones
Supreme Court of Arkansas
Appeal from Randolph. Chancery Court; George T. Humphries, Chancellor; STATEMENT BY THE COURT. This ¡suit was brought by appellees, the widow and children of W. Gr. Jones, to have F. F. Jones, appellant, declared a trustee of certain lands, and to enforce & resulting trust for a one-half interest in their favor, after the administratrix attempted unsuccessfully to set the conveyance aside, under section 81, Kirby’s Digest, as made in fraud of creditors.
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Appeal from Randolph. Chancery Court; George T. Humphries, Chancellor; STATEMENT BY THE COURT. This ¡suit was brought by appellees, the widow and children of W. Gr. Jones, to have F. F. Jones, appellant, declared a trustee of certain lands, and to enforce & resulting trust for a one-half interest in their favor, after the administratrix attempted unsuccessfully to set the conveyance aside, under section 81, Kirby’s Digest, as made in fraud of creditors. J ones v. J ones, 107 Ark. 402. The complaint alleged that on August 27, 1899, Eliza Kerr and her husband sold to J. L. Jones'and W. Gr. J…
1Opinion of the Court
Ejrbt, J.,
(after stating the facts). (1) Where the purchase money of land is paid by one person and the conveyance thereof made to another, a stranger, a trust re-suits by operation of law to Mm who advances thé purchase money, and if the nominal purchaser be the wife or child of the person paying the consideration, it is presumed to have been a gift or 'advancement, but a determination of the question as to whether or not such trust resulted from the transaction, depends upon the intention of the parties themselves. Keith v. Wheeler, 105 Ark. 323.(2) Notwithstanding there is a presumption of…
2Cases cited2 opinions
- Tillar v. HenrySupreme Court of Arkansas · 1905
- Hall v. CoxSupreme Court of Arkansas · 1912
3Cited by4 opinions
- Henslee v. KennedySupreme Court of Arkansas · 1977
- Bramlett v. SelmanSupreme Court of Arkansas · 1980
- Lasker-Morris Bank & Trust Co. v. GansSupreme Court of Arkansas · 1918
- Murchison v. MurchisonSupreme Court of Arkansas · 1923