Crawley v. Crafton
Supreme Court of Missouri
Appeal from Dunklin Circuit, Court. — lion. J. L. Fort, Judge. (1) Respondents’ pleadings set up an express trust. Such a trust can not be established by parol testimony.
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Appeal from Dunklin Circuit, Court. — lion. J. L. Fort, Judge. (1) Respondents’ pleadings set up an express trust. Such a trust can not be established by parol testimony. Curd v. Brown, 148 Mo. 82; Mulock v. Mulock, .156 Mo. 431. (2) If respondents should now rely upon an implied or resulting trust, then such trust can be established only by evidence so clear, unequivocal, definite and positive as to leave no reasonable doubt as to its existence in the mind of the chancellor. Condit v. Maxwell, 142 Mo. 266; Hillman v. Allen, 145 Mo. 638; Walker v. Walker, 147 Mo. 246; Mulock v. Mulock, 156…
1Opinion of the CourtBrace, P. J.
— This is an appeal by the plaintiffs from an interlocutory judgment in partition, determining the rights of the parties in the real estate described therein.
The undisputed facts of the case are as follows:
*425On the 18th day of November, 1891,’R. C. Crafton was the owner of the northeast quarter of the northwest quarter of section 5, township 21, range 10; the southeast quarter of the northwest quarter of section 32, township 22, range 10; and the northwest quarter of the southeast quarter of section 31, township 22, range 10, in Dunklin county, Missouri; and this was all the land he owned in…
2Cases cited2 opinions
- Hillman v. AllenSupreme Court of Missouri · 1898
- Hutsell v. CrewseSupreme Court of Missouri · 1897
3Cited by11 opinions
- Parker v. BlakeleySupreme Court of Missouri · 1936
- Binswanger v. Employers Liability Assurance Corp.Missouri Court of Appeals · 1930
- Gates Hotel Co. v. C. R. H. Davis Real Estate Co.Supreme Court of Missouri · 1932
- Federal Land Bank v. McColganSupreme Court of Missouri · 1933
- Mugan v. WheelerSupreme Court of Missouri · 1912
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