Johnson v. Quarles
Supreme Court of Missouri
Error to Fifth District Court. I. A resulting trust is created by operation of law where the purchase money is paid by one party and the conveyance taken in the name of another. (Payne-v. Chouteau, 14 Mo. 580 ; Valle v. Bryan, 19 Mo. 423; Rankin v. Harper, 23 Mo. 579; Kelly v. Johnson, 28 Mo. 249 ; Cloud v. Ivie, id. 578 ; Baumgartner v. Guessfeld, 38 Mo. 36 ; Hill. Trust. 92, and notes; Thompson v. Renoe, 12 Mo. 157; Dyer v. Dyer, 1 Lead. Gas. in Eq. 200-1; 5 Abb.
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Error to Fifth District Court. I. A resulting trust is created by operation of law where the purchase money is paid by one party and the conveyance taken in the name of another. (Payne-v. Chouteau, 14 Mo. 580 ; Valle v. Bryan, 19 Mo. 423; Rankin v. Harper, 23 Mo. 579; Kelly v. Johnson, 28 Mo. 249 ; Cloud v. Ivie, id. 578 ; Baumgartner v. Guessfeld, 38 Mo. 36 ; Hill. Trust. 92, and notes; Thompson v. Renoe, 12 Mo. 157; Dyer v. Dyer, 1 Lead. Gas. in Eq. 200-1; 5 Abb. N. Y. Dig, 248-9, 268.) H. A resulting trust can be proved by parol evidence, and the admissions of the party holding the legal…
1Opinion of the CourtBliss, Judge
The plaintiffs filed in the Circuit Court of Buchanan county a petition for partition of certain town lots in the city of St. Joseph, owned by them and the defendants, originally named as heirs of Henry P. Poindexter, deceased, late of Richmond,Virginia. Upon their own motion, Patsey Quarles and A. P. Halladay are made parties, and set up a claim to the whole property, alleging that the said Poindexter purchased it with their money, and, without their consent, took a conveyance to himself. This allegation was denied, and, upon hearing, the Circuit Court found it unsustained *426by- the evidence,…
2Cases cited7 opinions
- Boyd v. M'LeanNew York Court of Chancery · 1815
- Stanton v. RyanSupreme Court of Missouri · 1867
- Baker v. ViningSupreme Judicial Court of Maine · 1849
- Malin v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1828
- Hollida v. ShoopCourt of Appeals of Maryland · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Chambers v. EmeryUtah Supreme Court · 1896
- Allen v. LoganSupreme Court of Missouri · 1888
- Ferguson v. RobinsonSupreme Court of Missouri · 1914
- Rice v. RigleyIdaho Supreme Court · 1900
43 more not listed; retrieve them via the Exa API.