Turner v. Turner
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court in Chancery. Hon. J. N. Cypert, Circuit Judge. Interest should have been allowed appellant on his advances. When one party pays money the benefit of which is claimed by another party, interest should be allowed to the party who pays the money. 2 Story on Contracts, section 1025. This .case is similar in several respects to Sutton v. My-rick, 39 Ark. A trustee cannot improve his cestui que trust out of his land.
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APPEAL from Phillips Circuit Court in Chancery. Hon. J. N. Cypert, Circuit Judge. Interest should have been allowed appellant on his advances. When one party pays money the benefit of which is claimed by another party, interest should be allowed to the party who pays the money. 2 Story on Contracts, section 1025. This .case is similar in several respects to Sutton v. My-rick, 39 Ark. A trustee cannot improve his cestui que trust out of his land. Contends that the Master’s report fails to charge appellant with sufficient rents; that the rental was placed too low; that appellant should have…
1Opinion of the Court
Duval, Special Judge.
The appellees, as the widow and heirs at law of N. S. Turner, filed a complaint in equity against the appellant to have a deed to him set aside as fraudulent as to them, or that he be declared to hold the title in trust for them, for an account of rents and profits and for partition.
It is not necessary for the disposition of the case here to enter into a detail of the pleadings, as there was a reference to a Master, and the controversy is upon the exceptions to his report.
Counsel, in their brief, say “the only question presented by the appellant’s exceptions to the report…
2Cited by6 opinions
- Bank of Commerce v. GoolsbySupreme Court of Arkansas · 1917
- Sander v. BlythevilleSupreme Court of Arkansas · 1924
- Booth v. BradfordSupreme Court of Iowa · 1901
- Turner v. MillsSupreme Court of Oklahoma · 1908
- Barton-Mansfield Co. v. RichardsonSupreme Court of Arkansas · 1935
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