Puckett v. Benjamin
Oregon Supreme Court
Defendant appeals. The object of this suit is to declare a resulting trust in favor of the plaintiff in certain real property, consisting of a flouring mill, water-power, and fixtures, and the land on which the same are situated, all of which are particularly described in the complaint.
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Defendant appeals. The object of this suit is to declare a resulting trust in favor of the plaintiff in certain real property, consisting of a flouring mill, water-power, and fixtures, and the land on which the same are situated, all of which are particularly described in the complaint. The complaint alleges that on the ninth day of April, 1888, one Philander Maxwell was the owner in fee of said premises, and that on said day, for the consideration of eighteen thousand dollars, to him paid by plaintiff and one L. Puckett in equal parts, he bargained and sold all of said property to said L.…
1Opinion of the CourtSteahan, C. J.
The first question presented by the record is plaintiff’s claim to an undivided half of the real property described in the complaint, arising in his favor *378out of the facts alleged, by way of resulting trust. The main contention is as to the facts. A brief examination of the evidence is therefore rendered necessary. The plaintiff was a witness in his own behalf. His evidence tends to prove that in January, 1886, L. Puckett, the defendant, went from Colo’rado to Kentucky, where the plaintiff was then residing, and proposed to the plaintiff that he should return to Colorado with him, and the two…
2Cases cited12 opinions
- Freeman v. AldersonSupreme Court of the United States · 1886
- Webster v. ReidSupreme Court of the United States · 1851
- Furgeson v. JonesOregon Supreme Court · 1888
- Needham v. ThayerMassachusetts Supreme Judicial Court · 1888
- Smith v. PattonWest Virginia Supreme Court · 1878
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3Cited by5 opinions
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- Land Associates, Inc. v. BeckerOregon Supreme Court · 1982
- Germania Nat. Bank v. DuncanSupreme Court of Oklahoma · 1916
- In Re Estate of De ForceOregon Supreme Court · 1926
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