Robinson v. Strauther

Citations

• 106 Miss. 754
• 64 So. 724

Syllabus

<p>1. Discovert. Statement of cause of action. Trust. Constructive trust. Resulting trust. Implied trust. Code 1906, section S125. Limitation of actions.</p> <p>A bill in chancery is not a fishing bill, but states a proper case for discovery, where it alleges that complainant, the mother of defendant’s intestate delivered to the intestate her money, rents, and other personal property upon an agreement that he would invest the same for her benefit and account to her whenever demanded. • That she never ashed for an accounting during the lifetime of the intestate. That her son, the intestate, invested the money and rents received by Mm in personal and real estate and took the title in his own name. That she is unable to describe the property in which she has an equitable interest and prays for an inspection of the books and accounts kept by her son, the intestate, which show the profits of the business. and a description of the property into which her investment entered and which books and papers are in- the hands of defendant.</p> <p>2. Same.</p> <p>Such a state of facts shows a trust. This trust is implied from the delivery, receipt and use of the funds and management and control of the investment thereof and in such case it is immaterial whether the trust be called resulting trust or constructive trust.</p> <p>3. Same.</p> <p>A resulting trust is raised by equity to carry out the presumed intention of the party as a result of whose act the trust arises. A constructive trust is raised by equity to effect the ends of' justice and to frustrate a possibly fraudulent intention of the parties whom equity makes trustees against their will.</p> <p>4. Limitation of Actions. Enforcement. Code 1906, section 3125.</p> <p>The ten year statute of limitations contained in Code 1906, section 3125 applies to the trust involved in this suit.</p>