James v. James
Supreme Court of Arkansas
APPEAL from .Randolph Circuit Court in Chancery. Hon. L. L, Mack, Circuit Judge. Where an equity is asserted against a legal title, the evidence must leave no doubt of the existence of the facts upon which the trust is founded.
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APPEAL from .Randolph Circuit Court in Chancery. Hon. L. L, Mack, Circuit Judge. Where an equity is asserted against a legal title, the evidence must leave no doubt of the existence of the facts upon which the trust is founded. A chancellor never acts except upon dear and undoubted evidence of the trust being an equity against the legal title, 62 Penn., St., 474. The evidence must go directly to the fact of payment. 3 T. & I., 176; Hill on Irustees. 131 — 2—3. When the evidence of the trust is not in writing, and the deed recites payment by the nominal purchaser, courts receive it with great…
1Opinion of the CourtSmith, J.
LVAJ^tDE: p^onksehfnameotThe object of this bill, exhibited by the heirs of John Stayton, Sr,, against the legal and personal representatives of Bartlett R. James, was to affect certain lands in the hands of the defendants with a trust in favor of the plaintiffs. It is alleged that James had purchased the lands upon credit at a public sale of school lands in the year 1858 ; that his bid was in reality for the benefit of Stay-ton who was his father-in-law, and that Stayton afterwards furnished the money to pay off the purchase bond, and went upon the lands and improved them, but died without…
2Cases cited2 opinions
- Prevost v. GratzSupreme Court of the United States · 1821
- Hume v. Beale'sSupreme Court of the United States · 1873
3Cited by6 opinions
- Acker v. PriestSupreme Court of Iowa · 1894
- Festinger v. KantorSupreme Court of Arkansas · 1981
- Cotton v. Citizens' BankSupreme Court of Arkansas · 1911
- Reese v. BruceSupreme Court of Arkansas · 1918
- Festinger v. KantorSupreme Court of Arkansas · 1981
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