Williams v. Keef
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Eon. John P. Butter, Judge. (1) The evidence is not sufficient to support the judgment. Evidence to establish a resulting trust must be so clear, strong and convincing as to leave no reasonable doubt in the mind of the chancellor as to the existence of the trust. The evidence does not measure up to that standard.
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Appeal from Carroll Circuit Court. — Eon. John P. Butter, Judge. (1) The evidence is not sufficient to support the judgment. Evidence to establish a resulting trust must be so clear, strong and convincing as to leave no reasonable doubt in the mind of the chancellor as to the existence of the trust. The evidence does not measure up to that standard. Burdett v. May, 100 Mo. 13; Smith v. Smith, 201 Mo. 547; Kang v. Isley, 116 Mo. 155; Garrett v. Garrett, 171 Mo. 155; Modrell v. Riddle, 82 Mo. 31; Philpott v. Penn, 91 Mo. 38; Kennedy v. Kennedy, 57 Mo. 73; Ringo v. Richardson, 53 Mo. 386; Rogers…
1Opinion of the CourtFerriss, P. J.
— Appeal from a judgment of the circuit coux*t of Carroll county, declaring a resulting trust in favor of plaintiff in forty acres of land. Here are the facts:
*369In April, 1866, there was conveyed to plaintiff, who was then the wife of John F. Winkler, by general warranty deed, a certain forty acres in section 33, township 52, in Carroll county. On August 24, 1867, the plaintiff joined her said husband in a warranty deed conveying this forty acres to one Allison for a recited consideration of $1000. On August 26, 1867, said John F. Winkler purchased from one Thompson forty acres in section 6,…
2Cases cited10 opinions
- McCoy v. HyattSupreme Court of Missouri · 1883
- Hammons v. RenfrowSupreme Court of Missouri · 1884
- Rice v. ShipleySupreme Court of Missouri · 1901
- Modrell v. RiddleSupreme Court of Missouri · 1884
- First National Bank v. FrySupreme Court of Missouri · 1902
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3Cited by6 opinions
- Dudeck v. EllisSupreme Court of Missouri · 1966
- Keener v. WilliamsSupreme Court of Missouri · 1925
- Hartford Fire Insurance v. BleedornMissouri Court of Appeals · 1939
- Waddle v. FrazierSupreme Court of Missouri · 1912
- Conran v. GirvinSupreme Court of Missouri · 1960
1 more not listed; retrieve them via the Exa API.