Board of Supervisors v. Herrington

Citations

• 50 Ill. 232

Syllabus

<p>1. Resulting trust—what constitutes—minor heirs. Where the owner of a claim to government land, sold a portion of his claim to another, and the vendee in consideration thereof, agreed to pay to the government the money necessary to secure the remaining interest in such claim to his vendor, and the money was paid, but before it was paid the vendor died, the money so in the hands of the vendee, was held in trust for the heirs of the vendor, and when applied to the purchase of the remaining interest in the land, the equitable interest of the heirs in the money, attached to the land, and an estate in trust, in favor of the minor heirs resulted therefrom.</p> <p>2. Same—statute of frauds. Resulting trusts are not embraced in the statute of frauds, but only express trusts, resting in parol, or other verbal agreements for the sale of lands, are within the purview of the statute.</p> <p>3. Estoppel—minos- heirs—notice of title. Where property, in which minor heirs have an equitable interest, is being improved by the party claiming the legal title, they are not bound to give notice of their rights, and would not be estopped because of their failure to do so ; for, as minors, they are not capable of estopping themselves, simply by failure to assert title.</p> <p>4. Same—acquiescence in the.acls of others. If persons who have an equitable claim tb real estate, assent to, and acquiesce, in acts performed in relation to such estate, by one holding the same in trust for the equitable claimants, such acts of the trustee being inconsistent with their equitable rights, they, by such assent and acquiescence, will be estopped from afterward asserting their equitable claim.</p> <p>5. Stale claims—in chancery. The time in which equitable claim to realty should be asserted, is controlled by the analogies of the law; and, if twenty years are allowed to elapse, after the statutory disability of the claimant ceases, without asserting such claim, he is thereby placed without the pale of c