Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 55

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 55

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 edition. Excerpt: ...averment of loss to the amount of the value of the property. That an insurance was given on this property to the amount of $1200, would strongly imply that, at least in the estimation of the underwriters, it was at least worth as much as that or more. ' We think the petition good after verdict, and therefore affirm the judgment. The other judges concur. J onu Hrooms, Defendant in Error, oa. Dnnms C. HIGGINS, Plaintifl in Error. 1. Pre-emption in anoiherfis name in fraud of ata.lute---Resulting trust--Equit able relief, when _qranted.---Where one enters land which he cannotlegally en ter in his own name, in the name of another, in evasion of the law, no trust will result in his favor and equity will grant him no aid. Error lo Davies Circuit Court. M. A. Low, for Plaintiff in Error. I. The petition shows that John Higgins could not have legally entered the land in his own name, and the entry was made iu his son's name to evade the pre-emption laws of the United States. No resulting trust can be set up, if it would break in upon the policy of the law, or a public statute. (Miller vs. Davis, 50 Mo., 572; Alexander vs. Warrance, 17 Mo., 228; Baldwin vs. Campfield, 4 Halst. Ch., 891; Er parts Yallop, 15 Ves., 60; Ford vs. Lewis, 10 B. Mon., 127; Cottington vs. Fletcher, 2 Atk., 156; Muckleston I. The petition does not show that the father entered the land in the name of the son, for the purpose of evading any act of Congress. II. The petition is sufiieient after verdict. III. Where a father purchases or enters land in the name of his son, although the presumption is, that it was intended as an advancement to the son, yet that presumption may be rebutted by testimony. Vonms, Judge, delivered the opinion of the court. This action was...show more

Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236839226
  • 9781236839220