Nichols v. Ellis
Supreme Court of Missouri
Appeal from Boone Circuit Court. — IIon. Gr. H. Burckiiartt, Judge. (1) The deed from E. P. Ellis to Wm. O. and P. H. Ellis was absolute on its face, and parol evidence was inadmissible to show a trust. Declarations of trust in land can only be manifested and proved by some writing signed by the party who is enabled to declare such trust.
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Appeal from Boone Circuit Court. — IIon. Gr. H. Burckiiartt, Judge. (1) The deed from E. P. Ellis to Wm. O. and P. H. Ellis was absolute on its face, and parol evidence was inadmissible to show a trust. Declarations of trust in land can only be manifested and proved by some writing signed by the party who is enabled to declare such trust. R. S. 1879, sec. 2511; Green v. Cates, 73 Mo. 122 ; Lane ¶. Ewing, 31 Mo. 75; Peacoctc v. Nelson, 50 Mo. 201 ; Bingo v. Richardson, 53 Mo. 396. (2) The giving and acceptance of the notes and cash by the respective parties constituted payment for the land.…
1Opinion of the CourtBlack, J.
— In January, 1881, Elisha P. Ellis, who was then insolvent, conveyed to his sons Peter H. and William O. Ellis one hundred and sixty acres of land for the consideration of four thousand dollars. In 1882 and 1883, Thomas Nichols, as executor of Sarah Johnson, and J. Gf. Babb recovered each a judgment against *346Elisha P. Ellis. The two judgments amounted to about fifteen hundred dollars at the date of this suit and the debts were incurred by Elisha P. Ellis prior to the date of his deed to his two sons.
Subsequently, Nichols and Babb commenced this suit in equity against Elisha P. Ellis and his…
2Cited by7 opinions
- Kincaid v. IrvineSupreme Court of Missouri · 1897
- R. L. McDonald & Co. v. Cash & HaindsMissouri Court of Appeals · 1891
- State v. NickensSupreme Court of Missouri · 1894
- Baker v. HarveySupreme Court of Missouri · 1896
- Peoples Bank Ex Rel. Moberly v. JonesSupreme Court of Missouri · 1936
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