Lasker-Morris Bank & Trust Co. v. Gans
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jolm E. Martinecm, Chancellor; The statute of frauds applies. P,arol testimony to establish a trust in real estate is not admissible. Kirby & Castle’s Digest, § 3397. The written document does not fulfil the requirements of the statute. It fails to show what the trust was, without recourse to parol evidence.
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Appeal from Pulaski Chancery Court; Jolm E. Martinecm, Chancellor; The statute of frauds applies. P,arol testimony to establish a trust in real estate is not admissible. Kirby & Castle’s Digest, § 3397. The written document does not fulfil the requirements of the statute. It fails to show what the trust was, without recourse to parol evidence. Browne Stat. Frauds, § 108; 16 Ark 364; 28 Enc. of Law, 913; 76 Ark 237. 2. Sol Cans’ testimony was inadmissible as to transactions with the deceased. 30 Ark. 285; 79 Id. 414; 80 Id. 277; 79 Id. 69; 82 Id. 163; 83 Id. 210; 108 Id. 171, 179. 3. The…
1Opinion of the Court
SMITH, J.,
(after stating the facts). (1-2) We think the statute of frauds does not apply here. It is not sought to enforce an express trust. The suit was brought upon the theory that the Gans had agreed to furnish, and had, in fact, furnished, part', if not all, of the consideration used in the purchase of the land, and had donó so under the agreement that the purchase should inure to the benefit of the persons so furnishing the purchase money in proportion to the amount furnished. The writing offered in evidence does not create an express trust; but it is evidentiary of the facts out of…
2Cases cited3 opinions
- Grayson v. BowlinSupreme Court of Arkansas · 1902
- Jones v. JonesSupreme Court of Arkansas · 1915
- Foster v. TreadwaySupreme Court of Arkansas · 1911
3Cited by11 opinions
- Tucker v. BrownWashington Supreme Court · 1944
- Brittian, Administrator v. McKimSupreme Court of Arkansas · 1942
- Brownfield v. BookoutSupreme Court of Arkansas · 1921
- Rankin v. MorganSupreme Court of Arkansas · 1937
- Lisko v. Hicks.Supreme Court of Arkansas · 1938
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