Asam v. Asam

Citations

• 239 Pa. 295
• 86 A. 871
• 1913 Pa. LEXIS 557

Syllabus

<p>Trusts — Resulting trust — Bill in equity — Demurrer—Fraud.</p> <p>1. Where one purchases real estate with his own money and the deed is taken in the name of another, a trust results by presumption or implication of law, and without any agreement, to him who advances the money.</p> <p>2. The mere fact that a married man places his real estate in the name of a third person, so that the rights of his wife do not attach thereto, does not give rise to an implication of fraud. '</p> <p>3. Where a married man placed the title to property purchased by him in the name of his sister, the defendant, for the purpose of preventing the attachment of his wife’s rights of dower, but there is no evidence indicating that any actual fraud was intended or committed, a bill in equity will lie to enforce a conveyance from the sister; it is error to sustain a demurrer to such bill, either on the ground that there was no writing to establish the trust or because of fraud on the part of the plaintiff.</p>