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eBook details

• Title: Duncan v. Chamblee
• Author : Mississippi Supreme Court
• Release Date : January 03, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Real Property — Resulting Trusts — Conveyance from Father to Son — Deeds — Evidence — Sufficiency — Admissions — Statutory Presumptions as to Conveyances Rebuttable — Equity — Appeal — Jurisdiction of Supreme Court — Findings. Equity — Appeal — Supreme Court Without Jurisdiction to Decide Question of Fact not Passed upon by District Court. 1. While, in equity cases, the supreme court may review all questions of fact arising upon the evidence presented in the Page 331 record (sec. 8805, Rev. Codes 1921), it is without original jurisdiction to decide a question of fact depending upon conflicting evidence not passed upon by the trial court. Same — Cause Tried, on Record Made at First Trial, by Judge Called in — Rule as to Findings Being Controlling on Appeal not Applicable. 2. Where, upon retrial, an equity case was submitted to the district court presided over by a judge other than the one who tried it the first time, on the record first made, the supreme court on appeal is in as favorable a position in considering the testimony as was the trial judge, and therefore the rule that findings made by the trial judge will not be disturbed unless the evidence strongly preponderates against them does not apply. Same — Appeal — Presumption of Correctness of Judgment. 3. In entering upon a consideration of the evidence in an equity case presented by the record on appeal, the supreme court indulges the presumption that the trial court decided the matter correctly. Same — Real Property — Resulting Trust — Judgment for Plaintiff — Evidence — Sufficiency. 4. Evidence held sufficient to warrant a finding that lands purchased by a father in the name of a son who was without financial resources and in a weak and crippled condition rendering him unable to work or earn money, title being placed in him to avoid claims of creditors of the former deemed by him undeserving, were held by the son in trust for the father, under the doctrine of resulting trust. Evidence — Admissions in Conversations With Persons Years Prior to Trial Constitute Weak Evidence — To be Received With Caution. 5. Admissions testified to as having been made to witnesses in conversations had with the person making them many years prior to the time of trial constitute weak evidence which should always be received with caution, especially so where the person to whom the statements are attributed had a very imperfect knowledge of the language in which the conversations were carried on. Real Property — Conveyance — Statutory Presumptions Rebuttable. 6. The presumptions that a fee-simple title passes by grant of real property unless it appears that a lesser estate was intended, that a thing delivered by one to another belongs to the latter, and that a conveyance made to one toward whom the grantor stands in a confidential relation is a gift, are rebuttable and must give way to proved facts.

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