Legal Opinion

Moore v. Moore

Mississippi Supreme Court

Decided March 15, 1896PublishedCited by 13 opinions

From the chancery court of Claiborne county. The opinion states the case. Where one enters into an executory agreement for the purchase of land, and afterwards, before the title is conveyed to him, uses the money of another to make payment, a trust results in favor of such other.

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From the chancery court of Claiborne county. The opinion states the case. Where one enters into an executory agreement for the purchase of land, and afterwards, before the title is conveyed to him, uses the money of another to make payment, a trust results in favor of such other. Murry v. Sell, 23 W. Va., 475; Mosteller v. Mosteller, 40 Kan., 658; Brown v. Gave, 23 S. C., 251, 257; Gilchrist v. Brown, 165 Pa., 275; Rogers v. Mw'ry, 3 Paige Ch., 389, 397. It is not claimed by the appellant that a trust arises in favor of one who advances money, as a loan, to the party taking the title, or to…

1Opinion of the CourtWhitfield, J.

Appellant, who is the widow of Henderson Moore, exhibited this bill against the appellees, who are the children and grandchildren of Moore, seeking to establish a resulting trust in the tract of land described. The case made by the proof is this: Moore owned one tract of land, and his wife another. On February 11, 1882, he made an executory contract for the purchase of this land from Julius Weiss, paying him at that time $100, and executing his two notes, each for $107.50, payable, respectively, December 1, 1882, and December 1, 1883; the purchase price being $300, and the $15 excess in the…

2Cases cited8 opinions

  1. Blodgett v. HildrethMassachusetts Supreme Judicial Court · 1870
  2. Rogers v. MurrayNew York Court of Chancery · 1831
  3. Murry v. SellWest Virginia Supreme Court · 1884
  4. Gibson v. FooteMississippi Supreme Court · 1866
  5. Brooks ex rel. Nugent v. SheltonMississippi Supreme Court · 1877

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Brabham v. BrabhamMississippi Supreme Court · 1955
  2. Sample v. RomineMississippi Supreme Court · 1942
  3. Ryals v. DouglasMississippi Supreme Court · 1949
  4. Bush v. BushMississippi Supreme Court · 1924
  5. Lynch v. HerrigMontana Supreme Court · 1905

8 more not listed; retrieve them via the Exa API.

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