Kash v. Coleman
Supreme Court of Missouri
Error to Bates Circuit Court. — Hon. Phineas H. Holcomb, Special Judge. (1) An express trust ean not be proved by parol evidence, but only by a writing executed by the parties to be charged as trustees. R. S. 1889, sec. 5184; 1 Perry on Trusts, sec. 79; Woodford v. Stephens, 51 Mo.443. (2) There is no evidence that E. W. andN.
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Error to Bates Circuit Court. — Hon. Phineas H. Holcomb, Special Judge. (1) An express trust ean not be proved by parol evidence, but only by a writing executed by the parties to be charged as trustees. R. S. 1889, sec. 5184; 1 Perry on Trusts, sec. 79; Woodford v. Stephens, 51 Mo.443. (2) There is no evidence that E. W. andN. B. Coleman or either of them ever executed any written memorandum or declaration whatever tending to prove or establish any trust in or to the land in controversy. (3) The evidence t-o establish a resulting trust must be clear, cogent, convincing and practically…
1Opinion of the CourtGantt, P. J.
The writ of error in this case seeks to reverse a judgment of the circuit court ou an issue made by the answer of Mrs. Lucy Strode, one of the tenants in common of a large tract of land in Bates county which was being partitioned among the heirs of N. B. and E. W. Coleman. Mrs. Strode made no opposition to the partition save as to a tract of thirty-one acres off of the east end of the north half of the southeast quarter of section 32, township 41, range 29, of which she averred she was the sole equitable owner, but of which said N. B. and E. W. Coleman had the legal title at the time of their…
2Cited by3 opinions
- Sprague v. SeaSupreme Court of Missouri · 1899
- Wilkinson v. Western Union Telegraph Co.Missouri Court of Appeals · 1912
- Stuyvaert v. ArnoldMissouri Court of Appeals · 1907