Bogy v. Roberts
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. Hon. J. A. Williams, Judge. “A purchase by a father in the name of a child is re- • garded, prima facie, as an advancement and not as a resulting trust for the father.” , James v. James et ah, fl Ark., 301. “ .But this presumption may be rebutted by antecedent or contemporaneous declaration, or circumstances tending to prove that it was the intention of the purchaser that the grantee should hold as a trustee and not beneficially for…
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APPEAL from Jefferson Circuit Court. Hon. J. A. Williams, Judge. “A purchase by a father in the name of a child is re- • garded, prima facie, as an advancement and not as a resulting trust for the father.” , James v. James et ah, fl Ark., 301. “ .But this presumption may be rebutted by antecedent or contemporaneous declaration, or circumstances tending to prove that it was the intention of the purchaser that the grantee should hold as a trustee and not beneficially for himself.” Milner v. Freeman, Iff) Ark., 62. The rule applies as well to an interest in lands as where the whole of the fee is…
1Opinion of the Court
Oockrill C. J.
A father who was tenant by curtesy sold his life interest in his deceased wife’s lands, and at the same time, having obtained an order of the probate court for that purpose as guardian of his minor children, sold their estate in the lauds and invested the entire proceeds in the purchase of other real estate, taking the title to himself as guardian of the children. This was in 1873.
1 VanoeI púr0hase nyamhero^ Curtesy.6"’
He entered into possession after the purchase, put improvements on the land, enjoyed the rents and profits, and maintained his children. One of the daughters who…
2Cited by14 opinions
- Aycock v. BottomsSupreme Court of Arkansas · 1940
- Stacy v. StacySupreme Court of Arkansas · 1927
- Swendick v. SwendickSupreme Court of Alabama · 1930
- O'Hair v. O'HairSupreme Court of Arkansas · 1905
- Hall v. CoxSupreme Court of Arkansas · 1912
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