Wilson v. Beauchamp
Mississippi Supreme Court
Error from chancery court of Yalobusha county. Hooxíek, J. It appears by the pleadings and exhibits, that about the year 1844, Archibald Wilson, ancestor of the complainants of that name, and of some of the defendants, bought and paid for a tract of land in Grenada county, and had the deed executed to his wife Nancy Wilson, one of the defendants ; that at the time, it was agreed verbally, and in writing, signed by said Nancy, as follows : “State of Mississippi, June 20,1844.…
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Error from chancery court of Yalobusha county. Hooxíek, J. It appears by the pleadings and exhibits, that about the year 1844, Archibald Wilson, ancestor of the complainants of that name, and of some of the defendants, bought and paid for a tract of land in Grenada county, and had the deed executed to his wife Nancy Wilson, one of the defendants ; that at the time, it was agreed verbally, and in writing, signed by said Nancy, as follows : “State of Mississippi, June 20,1844. “ this is to shore that my husban, A, Wilson, lias bought of John Beid, a track of land of 4 hundred and eighty acres,…
1Opinion of the Court
Simeall, J.;
The single question for solution, is, whether on the facts in this case, the wife was a trustee for the husband, and whether the heirs of the husband, can treat the lands in controversy, as held by his widow, as mere trustee for their use.
In Warren v. Brown, 25 Miss., 74, it is laid down in general terms, that the wife cannot be a trustee for her husband, and that purchases made by Mm in her name will be treated as advances. Asa general proposition, this is correct, but it is contended, that inasmuch as a trust results in favor of the person who furnishes the money to pay for…
2Cases cited3 opinions
- Stephenson v. OsborneMississippi Supreme Court · 1866
- Warren v. BrownMississippi Supreme Court · 1852
- Morrison v. GaillardMississippi Supreme Court · 1852
3Cited by4 opinions
- Kapila v. Moodie (In Re Moodie)United States Bankruptcy Court, S.D. Florida. · 2007
- Bird v. SteinCourt of Appeals for the Fifth Circuit · 1958
- McCarroll v. AlexanderMississippi Supreme Court · 1873
- Bird v. SteinCourt of Appeals for the Fifth Circuit · 1958