Fairmont Creamery Co. v. Minter

On Motion for Rehearing.

The stipulation or agreement as' to common source of title has no more force or significance as to title than pursuing the method pointed out by statute. Both abrogate the necessity of proving title down to the common source. Here the common source of title was in R. M. Minter, but that did not prevent the proof to establish the fact that he was holding it in trust for his wife. A holding such as appellant contends for would be to cut the wife from any proof to establish her estate because the deed was erroneously made in his name and did not show its trust nature. No…