Corder v. Corder

Citations

• 124 Ill. 229
• 16 N.E. 107

Syllabus

<p>1. Besudting tbtjst—when it arises—degree of proof required. A conveyance to a party may be overcome by proof of a resulting trust, by evidence showing that another than the grantee in the deed furnished and paid the purchase money. But the evidence to establish a resulting trust must be very clear, and is always received with great caution.</p> <p>2. Evidence — declarations of party in his own favor. The title or interest of a party in land in the possession of another, claiming under a conveyance, can not be established or shown by the parol declarations of the former, made when such other person is not present. Such declarations may be used against the person making them, but not in his favor, or in favor of one claiming through him.</p> <p>3. Same—weight of declarations as evidence of title. On bill to establish a resulting trust in land in favor of another than the one holding the-legal title, the parol declarations of the latter are admissible as evidence, but such evidence ought to be received with great caution. It is subject to-much imperfection, and frequently is entitled to but little weight.</p>