Donaghe v. Tams

Citations

• 81 Va. 132
• 1885 Va. LEXIS 18

Syllabus

<p>1. Resulting Trusts—Parol evidence.—Where one with another’s money buys an estate and takes the conveyance in his own name,' by presumption of law, a trust results in favor of him whose money is thus used. Such trust may be established by parol proof, but the proof must be clear and unquestionable. Sinclair v. Sinclair, 79 Va. 40.</p> <p>2. Idem—Pleadings—Proof.—Plaintiff, claiming to be cestui que trust against grantee in a fee-simple deed of conveyance, must not only state his case in his bill with particularity and perspicuity as to when, how, and with what he paid the purchase money, but must also support his statement by proof of great clearness and certainty.</p> <p>3. Idem—Declarations of grantee.—Evidence of grantee’s declarations in favor of the resulting trust, offered when not susceptible of contradiction, must be taken with allowance.</p> <p>4. Idem.—Case at bar is one where the proof of the -payment of the purchase money with the funds of the plaintiff claiming to be the cestui que trust of the property in controversy, was held to be insufficient to establish the claim.</p>