Graves v. Pinchback
Supreme Court of Arkansas
APPEAL from Lincoln Circuit Court in Chancery. Hon. W. M. Harrison, Special Circuit Judge. In this case the purchase was made in part by the grantee with the means of complainants, without their consent, and it is not necessary that the payment advanced should be an aliquot of the whole, or that there should be any intention of the parties to make the transaction a purchase in trust.
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APPEAL from Lincoln Circuit Court in Chancery. Hon. W. M. Harrison, Special Circuit Judge. In this case the purchase was made in part by the grantee with the means of complainants, without their consent, and it is not necessary that the payment advanced should be an aliquot of the whole, or that there should be any intention of the parties to make the transaction a purchase in trust. By his wrongful intermeddling with complainant’s property and assuming to act as a trustee, when the office did not belong to him, he has made himself a trustee de son tort, and may be called to account by the…
1Opinion of the CourtSmith, J.
Peyton Graves died intestate in the year 1861, in Desha county, the owner of five or six slaves and-some other personal property, but of no lands. ; He left a widow and three infant children. The widow took administration upon his estate, and claims to the amount of $2000 were proved against it. Being administratrix she could not set out her own thirds in the personalty of which her husband died possessed. She therefore applied to the probate court for that purpose, and commissioners were appointed to make the allot-, ment. What action, if any, was taken by these commissioners, does not…
2Cited by5 opinions
- Black v. RobinsonSupreme Court of Arkansas · 1902
- Turner Heirs v. TurnerSupreme Court of Arkansas · 1919
- Roggenkamp v. RoggenkampCourt of Appeals for the Eighth Circuit · 1895
- Tharp v. PaigeSupreme Court of Arkansas · 1903
- Pullen v. SmithSupreme Court of Arkansas · 1940