Roberts v. Moseley
Supreme Court of Missouri
Appeal from JVewton Circuit Court. I. Any act by which the person named as trustee, manifests an intent to acquire or exercise any influence in the management of the trust property, will tend to fix upon him the responsibilities of the trust. (Tiff. & Bull., Trusts and Trustees, oil; Hill on Trustees, 4th Am. Ed., 215; O’Neil vs. Henderson, 15 Ark., 235; Montford vs. Cadogan, 17 Yes., 488, and same parties 19 Yes., 638.) And certainly five years possession is sufficient.
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Appeal from JVewton Circuit Court. I. Any act by which the person named as trustee, manifests an intent to acquire or exercise any influence in the management of the trust property, will tend to fix upon him the responsibilities of the trust. (Tiff. & Bull., Trusts and Trustees, oil; Hill on Trustees, 4th Am. Ed., 215; O’Neil vs. Henderson, 15 Ark., 235; Montford vs. Cadogan, 17 Yes., 488, and same parties 19 Yes., 638.) And certainly five years possession is sufficient. Armstrong’s son and administrator testified, that he found among his father’s papers, either the trust deed or a copy of…
1Opinion of the Court
Wagner, Judge,
delivered, the opinion of the court.
This action was an ejectment brought by the plaintiff against the defendants to recover certain real estate in Newton County.
From the record it appears that on the 26 th day of J uly, 1853, one George W. Moseley, conveyed the premises in question, by deed, to H. O. Armstrong in trust, for the use and benefit of his wife, Ann M. Moseley, and her heirs forever. This deed was recorded on the same day it was executed.
On the 18th day of March, 1854, Shapleigh and Day obtained a judgment by confession against George W. Moseley, upon which execution…
2Cases cited2 opinions
- Liptrot v. HolmesSupreme Court of Georgia · 1846
- Leffler v. ArmstrongSupreme Court of Iowa · 1857
3Cited by23 opinions
- In Re the Trust Under the Last Will & Testament of JacksonMissouri Court of Appeals · 1956
- Cornwell v. WulffSupreme Court of Missouri · 1899
- F. G. Oxley Stave Co. v. Butler CountySupreme Court of Missouri · 1894
- Pitts v. SheriffSupreme Court of Missouri · 1891
- Stark v. KirchgraberSupreme Court of Missouri · 1905
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