Burdett v. Haley
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. X. B. Saunders. Giles H. Burdett, as administrator of his father, Jesse Burdett, deceased, sued defendant C. Q. Haley and others to try title and recover the league of land granted J. W. Carpenter, situated in Falls county. Defendants pleaded a general demurrer, which was sustained by the court. Plaintiff appealed.
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Appeal from Falls. Tried below before the Hon. X. B. Saunders. Giles H. Burdett, as administrator of his father, Jesse Burdett, deceased, sued defendant C. Q. Haley and others to try title and recover the league of land granted J. W. Carpenter, situated in Falls county. Defendants pleaded a general demurrer, which was sustained by the court. Plaintiff appealed. The petition was filed August, 1868. It stated that on the 1st of January, 1868, petitioner, as such administrator, was lawfully seized, possessed, and owned the land in controversy, describing the same by metes and bounds, &c.; that…
1Opinion of the Court
Bonner, Associate Justice.
It is a well-established principle, that, as a general rule, when the consideration is advanced by one party and the deed is taken in the name of another, a resulting trust arises in favor of him who advances the purchase-money.
As between father and son, the presumption might arise that it was intended as an advancement to the son, rather than a resulting trust to the father; subject, however, to be rebutted by evidence of a different intention.
In this case the pleadings expressly aver that the purchase was intended as a resulting trust in favor of the father and not…
2Cited by6 opinions
- Carl v. SettegastTexas Commission of Appeals · 1922
- Stafford v. StaffordTexas Supreme Court · 1902
- Hill v. PrestonTexas Supreme Court · 1931
- Robson v. MooreCourt of Appeals of Texas · 1914
- Hill v. PrestonTexas Supreme Court · 1931
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