Tillar v. Henry
Supreme Court of Arkansas
Appeal from Drew Chancery Court. Marcus D. Hawkins, Judge. There must be some evidence of fraud. 47 Ark. 93. The claim of appellees is a stale one. 34 Ark. 467; Bisph. Eq. § 148. The testimony as to fraud is vague and indefinite. • 15 Am. & Eng. Enc. Law, 1188. The trust, if any, in this case is an implied one. 1 Pom. Eq. § 152, 155; 4 Am. Dec.
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Appeal from Drew Chancery Court. Marcus D. Hawkins, Judge. There must be some evidence of fraud. 47 Ark. 93. The claim of appellees is a stale one. 34 Ark. 467; Bisph. Eq. § 148. The testimony as to fraud is vague and indefinite. • 15 Am. & Eng. Enc. Law, 1188. The trust, if any, in this case is an implied one. 1 Pom. Eq. § 152, 155; 4 Am. Dec. Eq. 191; 40 Ark. 68; 42 Ark. 511. A parol agreement that another shall be interested in the purchase of lands, without an advance of money, falls within the statute of frauds, and cannot create a resulting trust. 138 U. S. 587; 42 Am. Dec. 521; 50 Ark.…
1Opinion of the CourtHire, C. J.
T. R. Henry and J. T. Duncan were partners in business under the firm name of Duncan & Henry. Henry died, leaving Mrs. Sue. M. Plenry, his widow, and Claude Henry, their son. Duncan is a brother of Mrs. Henry, and after her husband’s death looked after her affairs. T. F. Tillar was a neighbor and friend of the Henrys, a business man and a planter. The firm of Duncan & Henry owed considerable money, but Henry owned considerable property, both real and personal, but the estate had no cash to meet present demands. The real estate consisted of three places, the Henry place, or home place,…
2Cases cited6 opinions
- Johnson v. RichardsonSupreme Court of Arkansas · 1884
- Robinson v. RobinsonSupreme Court of Arkansas · 1885
- Trapnall's adx. v. BrownSupreme Court of Arkansas · 1857
- Richardson v. TaylorSupreme Court of Arkansas · 1885
- Crow v. WatkinsSupreme Court of Arkansas · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Nichols v. WraySupreme Court of Arkansas · 1996
- Betts v. BettsSupreme Court of Arkansas · 1996
- Miller v. NannySupreme Court of Oklahoma · 1923
- Edmundson v. FriedellIndiana Supreme Court · 1928
- Nelson v. WoodSupreme Court of Arkansas · 1940
22 more not listed; retrieve them via the Exa API.