Heil v. Heil
Supreme Court of Missouri
Appeal from. St. Louis City Circuit Court. — No». John A. Talty, Judge. (1) The trust established by defendant’s answer and evidence is clearly an express trust. Mullock v. Mullock, 156 Mo. 431; Hillman v. Allen, 145 Mo. 638; 27 Am. and Eng. Ency. of Law (1 Ed.), 6; Bispham, Equity, secs. 63-65. (2) An express trust relating to realty can not be established by oral evidence, and defendant can not circumvent the law, by endeavoring to convert it into a resulting trust.
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Appeal from. St. Louis City Circuit Court. — No». John A. Talty, Judge. (1) The trust established by defendant’s answer and evidence is clearly an express trust. Mullock v. Mullock, 156 Mo. 431; Hillman v. Allen, 145 Mo. 638; 27 Am. and Eng. Ency. of Law (1 Ed.), 6; Bispham, Equity, secs. 63-65. (2) An express trust relating to realty can not be established by oral evidence, and defendant can not circumvent the law, by endeavoring to convert it into a resulting trust. The express covenants of the deed to plaintiff can not be overcome by such evidence. R. S. 1899, sec. 3416; Mullock v.…
1Opinion of the CourtGantt, P. J.
This is an appeal from a judgment of the circuit court of the city of St. Louis. The action is ejectment commenced by Bonifacius Heil in his lifetime for four rooms, kitchen and bath-room on the second floor of a building known as number 2903 South Jefferson avenue in the city of St. Louis, and the two-story stable in the rear of 2901 South Jefferson avenue, said buildings being erected on lot 12 of block 12 of the subdivision of the Lami tract in block 1993 of the city of St. Louis. The ouster was laid as of-July 2, 1899, and rents and profits alleged to be of the value of $25 a month.…
2Cited by9 opinions
- Parker v. BlakeleySupreme Court of Missouri · 1936
- Bender Ex Rel. Bender v. BenderSupreme Court of Missouri · 1920
- Purvis v. HardinSupreme Court of Missouri · 1938
- Sanford v. Van PeltSupreme Court of Missouri · 1926
- Gates Hotel Co. v. C. R. H. Davis Real Estate Co.Supreme Court of Missouri · 1932
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