Voss v. Voss
| Decision Date | 24 April 1922 |
| Docket Number | (No. 317.) |
| Parties | VOSS v. VOSS et al. |
| Court | Arkansas Supreme Court |
Appeal from Faulkner Chancery Court; W. E. Atkinson, Chancellor.
Suit by Robert Voss against Daisy Voss and others. From decree for plaintiff, defendant named appeals. Reversed and remanded, with directions.
Edward Gordon, of Morrillton, for appellant.
Holland & Edmondson and Geo. F. Hartje, all of Conway, for appellee.
Sherman Voss, a resident of the city of Conway, in Faulkner county, died intestate in September, 1920, leaving surviving his widow, the appellant, Daisy Voss, and his collateral kin as heirs at law, including the appellee, Robert Voss, who was his brother.
Sherman Voss was the owner of the record title, and was in possession, at the time of his death, of several lots of real estate in Conway, among which was a lot on which he resided, described as lot 6, in block 6, Harrison addition to the city of Conway. He owned several others lots in the same block, but lot 6 is the only one involved in the present controversy. Sherman Voss held this lot under a deed executed to him by one Smith, in the year 1899, and he built a house thereon the next year. Subsequently additions were made to the house.
Appellee, Robert Voss, claims that he was a joint purchaser of this property with his brother Sherman Voss and that he furnished half the fund used in making the purchase, and he seeks in this litigation to have a resulting trust declared in his favor. The court granted the relief prayed for by appellee and declared him to be the owner of an undivided one-half interest in the property in controversy.
It appears from the testimony that Sherman Voss went to Faulkner county to live about the year 1882, and that, shortly afterwards, he brought there to live with him his younger brother Robert, the appellee in this case, who was a small child at that time. About the year 1887, Sherman Voss purchased a tract of farm land, containing 80 acres, from a man named Robinson, and the latter conveyed the land to Sherman Voss, by deed in proper form. At that time Robert Voss was about 10 years of age, and he lived with his brother Sherman, who was married. He lived there as a member of his brother's family. Sherman Voss had no children, and he raised another boy named Eades, who lived with him as a member of his family. In the year 1899 Sherman Voss sold the farm, and he and his brother Robert moved to Conway, and he bought the property in controversy, and, as before stated, built a house on it the next year.
The contention of Robert Voss is that he and his brother Sherman bought the farm together and paid for it with their labor, and he testified to that effect. He said that he and his brother always claimed the property together and that it was sold by agreement between the two, and that the property in Conway was also to be held in the same way. He stated that he was aware of the fact that the legal title of the property was in his brother, but that he had confidence in his brother and supposed that he would, at any time requested, make a deed to him conveying his half. Appellee also claimed that he furnished the money, or a considerable portion of it, to build the house on the place and make the additions thereto.
Mr. L. B. Atkinson, an old citizen of the community, was introduced as a witness by appellee, and he testified concerning the coming of Sherman Voss to Faulkner county and his purchase of the tract of farm land. He testified that he made the trade for Voss with Mr. Robinson and advanced the money, and that he was reimbursed by the labor of Sherman Voss and his brother Robert....
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