Mahorner v. Harrison

Citations

• 21 Miss. 53

Syllabus

<p>The facts of this case examined by the court, and the conclusion reached that part of the lands in controversy in the cause, were purchased by the defendant for the testator, as whose devisee the complainant claimed, and with the testator’s money; and that a resulting trust was created thereby in favor of the testator, and through him of his devisee; which trust the court established.</p> <p>Before a resulting trust can be raised, the payment or advance of money must precede the purchase ; a subsequent payment where the trust is denied, will not suffice for that end.</p>