The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1867-02-07
DECISIONS OF THE high COURT.
ERRORS AND APPEALS.
OCTOBER TERM, 1856
Reported E.pre..ly for the Clarion.

JOHN b. GIBSON,
No. 10,25l VS..
The Opinion of the Court delivered by CHEZ
Justice Handy
This was bill in Equity, filed by the ap-
pellant against the appellee, for the purpose
of establishing an implied trust in favor of
the appellant, in certain lands purchased by
the appellee
The material allegations of the bill are,
that the appellant was the only child of his
mother, Anne G. Gibson, who being widow.
intermarried with the appellee in the year
1858, and died in the year 1865, intestate
and without there having been any Issue of
her marriage with the appellee-that at the
time of her marriage she was possessed. in
her own right and Us her separate property,
under the laws of this State, of sum of
money amounting to about four thousand
dollars, which money the appellee borrowed
from her, pledging himself to return the
same and fully account for it, by returning
the principal and interest, or by investing
the same in real estate, for the sole use and
benefit of his wife.
The bill then makes an exhibit of a writ
ing signed by the appellee in the following
words:
.e5ret eCLAIRaRNE, Jan. 1s, 1861.
/ have collected of Mrs Shelby and others
of Port Gibson about three thousand dollars,
which was due my wife, Anne G. Foote, and
for which viii make arrangements to pay
her as soon as can conveniently do So
but the bill does not aliege that this paper
was the evidence of the agreement previous
~ stated. as
It further alleges that the appellee re-
ceiyed about one Thousand dollars more, for
and on account of his wife, pledging himself
to account therefor-that ON or about the
Cd of Feb. 1862, he promised his wife to
purchase real estate TO the amount of the
moneys received by him, and to take the
title in her name in satisfaction of that
amount and that on the I'd of Feb. 1862,
he did purchase certain lands of one john
son and wife, for .thesum of four Thousand
and eighty dollars. The deed is exhibited
and bears date 22d Feb 1862, and is made to
the appellee, when In fact he was acting as
the agent and trustee of his wife-that both
before and after the purchase, he pretended
that he had taken the title in the name of
his wife. 1t further alleges that the appel
lee was enabled to make said
purchase alone through the cash acquired
from his wife-that he was really trustee
for her in the matter; and that he took the
deed in his own name in fraud of her rights.
The appellee fled an answer denying the
charges of fraud, and q demurrer to the right
set up and the relief sought in the bill
This demurrer was sustained, and nom that
decree this appeal is taken.
In order to establish q resulting trust in Q
case of this sort, and where there is no valid
agreement to purchase the property with
the trust money, it is necessary to show that
the money was, at the time of the purchase,
the fund of the party claiming it, and that
It was used in the purchase of the property.
For the doctrine Of trust, in such q case,
proceeds ON the idea that the money was'
the property of the parry, and that its form
merely has been changed By the purchase,
50 that the land is subject to the same right
as the money.
When we carefully examine the state
meIts of this bill, it is evident that they
are deficient In alleging that the money was
: specific fuEd belonging to the wife in the
hands of the husband at the time of the
purchase. or that that fund was applied In
making the purchase.