Pharr v. Fink
Supreme Court of Arkansas
Appeal from Prairie Chancery Court, Northern Distract; John M. Elliott, Chancellor; The relation of trustee and cestui que trust existed between appellant and Dowdy. 117 N. E. 406. The deed having been made to a trustee and to his successors, any one who deals with the trust property, with that notice written upon the face of the deed, does so at his peril.
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Appeal from Prairie Chancery Court, Northern Distract; John M. Elliott, Chancellor; The relation of trustee and cestui que trust existed between appellant and Dowdy. 117 N. E. 406. The deed having been made to a trustee and to his successors, any one who deals with the trust property, with that notice written upon the face of the deed, does so at his peril. Where the purchase money is paid by one and the title to land taken in another, a trust results by operation of law to the one who pays the money, and parol testimony is admissible to establish the nature and extent of the trust. 13 Enc.…
1Opinion of the CourtWood, J.
This action was instituted by the appellant against the appellee to cancel the deed executed by one P. P. Dowdy to the appellee. The facts are substantially as follows:
The appellant inherited the lands described in the deed from his father, Henry Pharr. Dowdy was an abstracter of titles and, finding that the Pharr heirs owned the lands but that the title was clouded by some delinquent tax sales which he considered voidable, he induced the Pharr heirs to execute to him a quitclaim deed to the lands. The understanding between the parties at the time of the execution of the deed was that Dowdy…
2Cases cited18 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Wormley v. WormleySupreme Court of the United States · 1823
- Railroad Co. v. DurantSupreme Court of the United States · 1877
- Karthaus v. Yllas Y FerrerSupreme Court of the United States · 1828
- Spradling v. SpradlingSupreme Court of Arkansas · 1911
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3Cited by7 opinions
- Ryan v. PlathWashington Supreme Court · 1943
- Bray v. TimmsSupreme Court of Arkansas · 1924
- Hume v. Indiana National Life InsuranceSupreme Court of Arkansas · 1922
- Lewis v. BushSupreme Court of Arkansas · 1926
- White v. WhiteSupreme Court of Arkansas · 1973
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