Byers v. Danley
Supreme Court of Arkansas
APPEAL FROM WHITE COUNTY CIRCUIT COURT. Non. -John WiiYtocic, Circuit Judge. First, We submit that no trust could result or be declared in favor of Smith.; lie invested the money as the agent of Northrop, and with the understanding that Northrop should pay it hack. 17 Miss., 228; 5 Gush., 431; 1 Md., chap. 479; 2 Paige, 217; 1 Dev. and Bat.
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APPEAL FROM WHITE COUNTY CIRCUIT COURT. Non. -John WiiYtocic, Circuit Judge. First, We submit that no trust could result or be declared in favor of Smith.; lie invested the money as the agent of Northrop, and with the understanding that Northrop should pay it hack. 17 Miss., 228; 5 Gush., 431; 1 Md., chap. 479; 2 Paige, 217; 1 Dev. and Bat. (N. C.), 119; 6 Ala., 404; 12 Peters S. C., 241; 4 Craneh., G. G., 541; 39 Barbour, 625; 10 Vesey, 366-7; 14 Gray, Mass., 119 and 122 (note); 34 Miss., 5 George, 611; 7 B. Monroe, Ky., 433; 2 Spence Equity Jurisdiction, 204: Equity will not allow the…
1Opinion of the CourtBennett, J.
On the 2d day of April, 1858, Benjamin F, Danley, appellee, brought suit in equity, to quiet and perfect title and for the possession and rents, against appellants and others. Some of the defendants demurred to the bill; some failed entirely to defend in any form. Defendants, Cheek and Mays, regularly defended by answer and proofs, etc. Upon the hearing, a final decree was entered giving appellee possession of the lands, from which an appeal was taken.
The facts, as appears from the bill and records in this case, are substantially as follows :
On the 11th day of July, 1835, the lands in…
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