Stevenson v. Smith
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Row. Jno. P. Butler, Judge. (1) Where land is purchased by one in his own name, with the money of another, a resulting trust is created by application of law, which follows the ownership of the money. And where a part only of the purchase money is furnished by the beneficiary, the trust is for a proportionate share of the land bought.
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Appeal from Linn Circuit Court. — Row. Jno. P. Butler, Judge. (1) Where land is purchased by one in his own name, with the money of another, a resulting trust is created by application of law, which follows the ownership of the money. And where a part only of the purchase money is furnished by the beneficiary, the trust is for a proportionate share of the land bought. Richardson v. Champion, 143 Mo. 538 ; Rice v. Shipley, 159 Mo. 899; Crawford v. Jones, 163 Mo. 577; Jones v. Elkins, 143 Mo. 647; Bowen v. McKean, 82 Mo. 594; In re Ferguson’s Estate, 124 Mo. 574. Applying this doctrine to the…
1Opinion of the CourtLamm, J.
Rebecca Smith died intestate in October, 1901, in Linn county, owning no property in her own name and leaving the respondent William Smith, a son, and certain other sons and daughter’s, and the descendants of those dead, her only heirs at law. Certain of her surviving children, together with certain of her adult grandchildren, and certain minors of the same blood kin through their curator, brought this, suit in August, 1902, against William Smith and certain minor non-resident grandchildren, and one Jackson Fyke and *452one J. C. Meacham, the object and general nature of which was to declare and…
2Cases cited1 opinion
- Flato v. MulhallSupreme Court of Missouri · 1880
3Cited by13 opinions
- Schwind v. O'HalloranSupreme Court of Missouri · 1940
- Jacobs v. JacobsSupreme Court of Missouri · 1954
- Davis v. RobertsSupreme Court of Missouri · 1956
- Davies v. KeiserSupreme Court of Missouri · 1922
- Decker v. FittgeSupreme Court of Missouri · 1955
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