Chambers v. Michael
Decision Date | 09 May 1903 |
Citation | 74 S.W. 516,71 Ark. 373 |
Parties | CHAMBERS v. MICHAEL |
Court | Arkansas Supreme Court |
Appeal from Benton Circuit Court, JOHN N. TILLMAN, Judge.
Reversed.
Decree reversed and cause remanded.
E. P Watson, for appellants.
The burden of proof is upon the party alleging a resulting trust and the evidence thereon must be clear, full, satisfactory and convincing. 15 Am. & Eng. Enc. Law (2d ed.), 1174-5; 11 Ark. 82; 27 Ark. 88; 48 Ark. 169; 45 Ark. 481; 44 Ark. 365; 64 Ark. 173; 57 S.W. 125; 51 Mo. 268; 57 Mo. 73; 70 Mo. 505; 118 Mo. 506; 129 Mo. 674; 148 Mo. 82; Pom. Eq. Jur. § 1040; 35 F. 238; 96 Mo. 361; 33 N.J.Eq. 384; 82 Va. 376. As to weight in evidence of declarations and admissions tending to establish or recognize such a trust relation, see: 57 S.W 122; 82; Mo. 148; s. c. 49 S.W. 990; 51 Mo. 443; 53 Mo. 385; 82 Mo. 31; 5 Johns. Ch. 1; 15 Am. & Eng. Enc. Law (2d ed.) 1173; 92; Ia. 610; 91 Mo. 132; 176 Pa.St. 100; 114 Ill. 636; Perry Tr. § 137; 114 Ill. 554; 33 N.J.Eq. 384; 7 N.W. 749; 25 Ore. 328. Intention to create a trust on the part of the person paying the purchase money would be necessary. 27 Ark. 77; Perry, Trusts, § 133; 15 Am. & Eng. Enc. Law (2d ed.), 1137; 112 Pa.St. 634. Parol evidence as to intent must relate to intent at the time of purchase. 15 Am. & Eng. Enc. Law (2d ed.), 1177; 112 Pa.St. 634; 72 Md. 45; 45 W.Va. 245. The presumption will be that a gift was intended in such a case as the one at bar. 2 Perry, Trusts, §§ 678, 148; 15 Am. & Eng. Enc. Law (2d ed.), 1164; 48 Ark. 20; 47 Ark. 65; 3 Ind. 558. Declarations of purchaser are admissable to prove such a theory, Perry, Trusts, §§ 146, 147; 45 Ark. 481; 40 Ark. 462; 3 Ind. 558; 15 Am. & Eng. Enc. Law (2d ed.), 1158, 1177, 1195; Pom. Eq. § 1041; 106 Cal. 373. The trust alleged would have been an express trust and within the statute of frauds. Bisp. Eq. § 80; 1 Lead. Cas. Eq. 216; 15 Am. & Eng. Enc. Law (2d ed.). 1192, 1195; 67 Ark. 530; Perry, Trusts, § 226; 57 Ia. 167; 45 Ark. 481; 156 Ill. 36; 113 Ill. 447. Laches had barred any claim to a trust or beneficial interest. Perry, Trusts, §§ 141, 869, 870; 41 Ark. 303; 16 A. 72; 15 Am. & Eng. Enc. Law (2d ed.), 1175, 1208; 35 F. 238; 96 Mo. 361; 57 Am. Dec. 606; 82 Va. 376.
McGill & Lindsey and Brennan & Brennan, of Iowa, for appellees.
The wife was a trustee for the husband who paid the purchase price of the property, not by virtue of any express agreement, but by virtue of his paying the money for the property. 50 Ark. 71, 76; 15 Am. & Eng. Enc. Law (2d ed.), 1142,1153-5, 1154-5; 169 U.S. 398; 27 Ark. 77,87; 40 Ark. 62. The presumption as to gift is rebuttable by evidence of contrary intention. 40 Ark. 62; 15 Am. & Eng. Enc. (2d ed.), 1157. This intention may be deduced from circumstances. 107 Ia. 133; 107 Mo. 101; 10 Hump. 9; 92 Tenn. 707; 17 S.W. 914. Admissions of the alleged trustee are competent as evidence bearing on the relation. 15 Am. & Eng. Enc. Law (2d ed.), 1172-3; 48 Ark. 169, 176.
Frank W. Chambers and others brought an action of ejectment against Samuel S. Michael and others, in the circuit court of Benton county, for the possession of certain town lots situate in the town of Rogers, in Benton county, in this state, and certain farming lands in the same county, and for damages for the unlawful detention of the possession.
The following synopsis of the pleadings and decree in the case, made by the plaintiff, is correct:
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... ... inferred. These principles have often been reiterated. See ... Camden v. Bennett, 64 Ark. 155, 41 S.W ... 854; Chambers v. Michael, 71 Ark. 373, 74 ... S.W. 516; Poole v. Oliver, 89 Ark. 578, 117 ... S.W. 747; Della v. Della, 98 Ark. 540, 136 ... S.W ... ...
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