Aultman v. Booth
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. F. G-eig-eb, Judge. (1) A resulting trust requires no writing, but an express trust not put in writing is void, i. e., may not be proved. R. S., secs. 2511-12. (2) Two things are required to create a valid express trust: first, a consideration ; second, a written declaration of use in some form.
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Appeal from Greene Circuit Court. — Hon. W. F. G-eig-eb, Judge. (1) A resulting trust requires no writing, but an express trust not put in writing is void, i. e., may not be proved. R. S., secs. 2511-12. (2) Two things are required to create a valid express trust: first, a consideration ; second, a written declaration of use in some form. Two things are needed to give rise to a resulting trust: first, absence of consideration from the trustee ; second, no written declaration of the use. 4 Kent Com. [12 Ed.J 306 ; Forrester v. Moore, 77 Mo. 662. (3) Taking all defendants’ testimony as true,…
1Opinion of the CourtNobton, C. J.
This is a proceeding in equity in *386which it is alleged that plaintiff corporation obtained judgment in the circuit court of the United States for the eastern division of the western district' of Missouri, on the eighteenth of April, 1883, against the defendant, John M. Booth, for $873.46; that execution issued on said judgment, under which the northeast quarter of. the northwest quarter and the southeast quarter of the northeast quarter of section twenty-three, township thirty-one, range twenty-one, situated in Greene county, were sold on August 1, 1883, by the marshal of said court, as the…
2Cases cited2 opinions
- McGowen v. WestSupreme Court of Missouri · 1842
- Farrar v. PattonSupreme Court of Missouri · 1854
3Cited by8 opinions
- Huttig v. BrennanSupreme Court of Missouri · 1931
- State v. BryantSupreme Court of Missouri · 1890
- Kansas City v. O'ConnorMissouri Court of Appeals · 1900
- Miller v. Western Union Telegraph Co.Missouri Court of Appeals · 1911
- Shelton & Sires v. Thompson Bennett & Co.Missouri Court of Appeals · 1902
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