Ex parte Trenholm

Citations

• 19 S.C. 126
• 1883 S.C. LEXIS 64

Syllabus

<p>1. In order to establish a resulting trust in lands conveyed to the grantee, it is necessary that an actual payment óf the purchase-money, or some definite portion of it, should be clearly proved to have been made by the cestui que trust at the time of the purchase.</p> <p>2. Lands conveyed to a judgment debtor become instantly subject to the lien of the judgment, unless there be some equity then existing superior to such lien; it cannot be defeated by a subsequent payment of the purchase-money by a third party.</p> <p>3. A., against whom there was an outstanding judgment, purchased land in his own name, and paid for it with a check upon funds in bank to his credit, and charged the same on his books to an account with certain adjacent property owned by himself and B. jointly, the income from which A. alone collected, and which was then in credit with him — there being- at the time no agreement between the two concerning the matter. After deducting such payments, divisions of profits from the property so held in common, and also from the new purchase, were made, and balances due to B. were credited to his indebtedness on another account in A.’s books against B., who, upon a full adjustment of his several accounts with A., was indebted at all times until after the death of A. Held, that in the land so purchased there was no resulting trust in favor of B., and that it was subject to the lien of the outstanding judgment against A.</p>