Dewhurst v. Wright

Citations

• 29 Fla. 223

Syllabus

<p>1. Where one without title has conveyed land in his own right with covenants warranting the title and afterwards the title comes to him in the capacity of a trustee for a different person, the newly acquired title does not enure to the former grantor of such covenantor, nor piass to him. The estoppel arises only where the covenantor takes the new title in the same right in which he had previously conveyed it.</p> <p>2. Where a person makes a lawful purchase of land for himself with his own money, taking the title in the name of another person, a trust results in favor of the purchaser, and the person in whose name the title is taken becomes a trustee of the title in favor of the purchaser; but such title doet not eithey enure to the benefit of or pass to a third person, to whom ' the person in whose name the title was taken, had previously conveyed the land by warranty deed.</p> <p>.3. A court of equity will not declare or enforce a resulting trust contrary to the policy of the law as defined in a public statute, but will leave suitors, asking its aid, where it finds them, if it appears that they are seeking to evade the policy of the law.</p> <p>•4. The provisions of the second section of the act of Congress of June 15th, 1880, entitled “an act relating to public lands of the United States,” that “persons who have heretofore under any of the homestead laws entered lands properly subject to such entry, or persons to whom the right of those having so entered 'for homesteads may have been attempted to be transferred by bona fide instrument in writing,” may make cash entry of the land, do not include a person to whom such right of the entryman has been transferred subsequent to such statute, and where such a transferee has entered the land with his own money, and for his own benefit, but in the name of the entry-man, it not appearing that he dealt with the government officers as such transferee, a court of equity will not declare or enforce a resulting trust in favo