Phillips v. Overfield
Supreme Court of Missouri
Error to New Madrid Circuit Court.-Hon. J. L. Poster, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. (2) In a proceeding to establish a resulting trust the burden is on the plaintiff, and the proof must be so clear and conclusive as to leave no reasonable ground for doubt. Philpot v. Penn, 91 Mo. 38; Jackson v. Wood, 88 Mo. 76; Rodgers v. Rodgers, 87 Mo. 257; Shaw v. Shaw, 86 Mo. 594; Kennedy's.
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Error to New Madrid Circuit Court.-Hon. J. L. Poster, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. (2) In a proceeding to establish a resulting trust the burden is on the plaintiff, and the proof must be so clear and conclusive as to leave no reasonable ground for doubt. Philpot v. Penn, 91 Mo. 38; Jackson v. Wood, 88 Mo. 76; Rodgers v. Rodgers, 87 Mo. 257; Shaw v. Shaw, 86 Mo. 594; Kennedy's. Kennedy, 57 Mo. 73. (3) The evidence introduced to show a resulting trust in favor of the estate of Shapley R. Phillips falls far short of the requirements of…
1Opinion of the CourtBlack, J.
This is a suit in equity by Murray Phillips in his own right and as guardian of Amos P. Klein, a minor, against the administrator pendente lite of the estate of Amos R. Phillips and the creditors of said estate to enforce a resulting trust.
The following is an outline of the facts:
Shapley R. Phillips died at the county of New Madrid, in this state, in the early part of 1863, leaving a large estate consisting of lands, personal property and slaves. He left a widow, Adele T. Phillips, who elected to take a child’s part, and one son by her, and also one daughter and two sons by a former marriage,…
2Cases cited3 opinions
- Harrison v. SmithSupreme Court of Missouri · 1884
- Ferris v. . Van VechtenNew York Court of Appeals · 1878
- Buck v. AshbrookSupreme Court of Missouri · 1875
3Cited by21 opinions
- Paul v. DraperSupreme Court of Missouri · 1900
- McClure v. Board of County CommissionersSupreme Court of Colorado · 1893
- Patterson v. BoothSupreme Court of Missouri · 1890
- Bank Commissioners v. Security Trust Co.Supreme Court of New Hampshire · 1900
- Evangelical Synod of North America v. SohoeneichSupreme Court of Missouri · 1898
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