Fleming v. McHale

Citations

• 47 Ill. 282

Syllabus

<p>1. Resulting trusts—where vendee makes first payment, but the deed is made to another. Where a vendee of lands makes the first payment according to the terms of the purchase, and is ready to give notes and a mortgage on the premises for the deferred payments, but the vendor, to avoid a question of minority of the vendee, makes the deed to the mother of the latter, and takes her notes and mortgage, with the understanding between the parties to the transaction, that the son is to pay them, and the son pays the annual interest on the notes, and improves the land, and pays the notes when due, though subsequent to the death of the grantee named in the deed, a trust results in favor of such actual vendee, and equity will decree the conveyance of the legal title of the heirs of : the-grantee to him.</p> <p>2*. Same—minor's earnings invested in lands. And where it appears that the money: advanced upon the first payment was, in fact, the earnings of a minor, but -'that the parent entitled, though the grantee, in the deed, never claimed such earnings,:the trust will not be defeated.</p> <p>’ 3-. - Same—aliquot payments. Where the first payment is in full satisfaction of-one instalment under the contract of purchase, and the vendor is ready to make the deed to the person entitled, the rule, in relation to aliquot payments, is sufficiently complied with, whether the portion paid is an exact divisor of the whole purchase price or not.</p> <p>4. Costs—against minor heirs. In a suit by the party, in such a case, in whose favor the trust is declared, against the minor heirs of the person to whom the legal title had been conveyed, costs should not be decreed against the latter. i</p>