Plumb v. Cooper
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. M. G-. McG-begob,. Judge. (1) The trust of the legal estate results to the man who furnishes the purchase money. Story’s Equity, sec, 1201. It is presumed that the conveyance to the third party is a matter of convenience. Ibid. The controlling question in inquiries of this nature, is the ownership of the purchase money. When this fact is established the trust is established by implication of of law.
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Appeal from Lawrence Circuit Court. — Hon. M. G-. McG-begob,. Judge. (1) The trust of the legal estate results to the man who furnishes the purchase money. Story’s Equity, sec, 1201. It is presumed that the conveyance to the third party is a matter of convenience. Ibid. The controlling question in inquiries of this nature, is the ownership of the purchase money. When this fact is established the trust is established by implication of of law. And the same rule holds as to a portion of the purchase money as to all of it, the resulting trust keeping tally with the ratio of ownership. Slum v.…
1Opinion of the CourtMacfablaNE, J.
This is a suit in equity, the object of which is to declare in plaintiffs a resulting trust in fourteen acres of land situate in Lawrence county, the legal title to which is held by defendant Y. H. Abbott, under deed to him from his codefendant, Cooper.
The petition charges that in June, 1889, plaintiffs were real estate agents and dealers, doing business in Aurora, in said county, and at the time had an option for the purchase of thirty-seven and one-half acres of mining land near that town from the owner, Emily C. Wilfley, at the price of $4,500; that, during that month, defendant Cooper…
2Cases cited8 opinions
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Brown v. BowenSupreme Court of Missouri · 1886
- Hall v. HallSupreme Court of Missouri · 1891
- Shaw v. ShawSupreme Court of Missouri · 1885
- Morgan v. PorterSupreme Court of Missouri · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Morrow v. MatthewIdaho Supreme Court · 1904
- Purvis v. HardinSupreme Court of Missouri · 1938
- Shelton v. HarrisonMissouri Court of Appeals · 1914
- Dexter v. MacDonaldSupreme Court of Missouri · 1906
- Brinkman v. SunkenSupreme Court of Missouri · 1903
2 more not listed; retrieve them via the Exa API.