Fischbeck v. Gross

Citations

• 112 Ill. 208

Syllabus

<p>1. Trust—Statute of Frauds—conveyance intended for the benefit of one person, fraudulently procured to be made to another. If A was intending to convey land to O, and B interfered, and advised A not to convey directly to O, but to convey to himself, promising if A would do so, he, B, would hold the land in trust for O, equity will enforce the trust upon the ground that B obtained the title by fraud and imposition upon A. But if B had taken no measures to procure the conveyance to himself, his verbal promise to hold the property for 0 would fall within the Statute of Frauds.</p> <p>2. A husband intending to convey an interest in land to his wife, consulted with a friend and his attorney in respect thereto, and before leaving this State to return home, directed the attorney to prepare a deed from him to his wife, to be forwarded to him for execution. The friend had the attorney make him the grantee, and both he and the attorney wrote to the grantor, stating such to he for the best, and that the grantee would reconvey when asked, and in pursuance of such assurance the husband conveyed to his friend instead of his wife, but the grantee afterwards refused to convey to the wife: Held, that the case was not within the Statute of Frauds, and that the grantee was a trustee by his own procurement and fraud.</p> <p>3. Trustee—as to proper expenditures to be allowed to trustee. On bill to have a trust declared and the holder of real estate compelled to convey the same to the complainant as the real owner, it was held error, in stating an account between the parties, to reject an item for taxes paid, and for proper repairs on the premises before suit brought. The payment of interest' upon a debt secured by a mortgage upon the premises, was also a proper charge to be allowed upon taking the account, as the premises were thereby relieved from the incumbrance to that extent.</p>