Higdon v. Higdon

Mississippi Supreme Court

Higdon v. Higdon

57 Miss. 264

CourtMississippi Supreme Court

DecidedOctober 15, 1879

StatusPublished

Cited by2 cases

This text of 57 Miss. 264 (Higdon v. Higdon) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Higdon v. Higdon, 57 Miss. 264 (Mich. 1879).

Pincite

Opinion

Campbell, J.,

delivered the opinion of the court.

If the purchaser of land pays the price and has the title conveyed to another, for whom he is under a legal or moral obligation to provide, or towards whom he has placed himself in loco parentis, the purchase will be presumed to be a settlement, and not a trust for the purchaser. This presumption may be rebutted by evidence, but it cannot be affirmed that the Chancellor decided erroneously in holding in this case that the legal presumption attending the purchase by the complainant was not rebutted. Decree affirmed.

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Campbell, J.,

delivered the opinion of the court.

If the purchaser of land pays the price and has the title conveyed to another, for whom he is under a legal or moral obligation to provide, or towards whom he has placed himself in loco parentis, the purchase will be presumed to be a settlement, and not a trust for the purchaser. This presumption may be rebutted by evidence, but it cannot be affirmed that the Chancellor decided erroneously in holding in this case that the legal presumption attending the purchase by the complainant was not rebutted. Decree affirmed.

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Bluebook (online)

57 Miss. 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higdon-v-higdon-miss-1879.

Opinion

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