Hamilton v. Steele

Citations

• 22 W. Va. 348
• 1883 W. Va. LEXIS 65

Syllabus

<p>1. It is well settled, that where upon a purchase of land the conveyance of the legal title is taken in the name of one person, while the consideration is paid by another, the parties being strangers to each other, a resulting trust immediately arises from the transaction ; and the x>erson named as grantee in the conveyance will be a trustee for the party from whom the consideration proceeded. But if the person, in whose name the conveyance is taken, is a near relative of the person who advances the pureliase-money, the presumption is, that the consideration advanced was intended as a gift or advancement, and no resulting trust will arise in such case. The presumption, however, in either case is one of fact and not of law, and may be rebutted by evidence or circumstances, (p. 354.)</p> <p>2. When a title-bond for land is executed by the vendor of land to the husband and the consideration is paid by the husband as the agent of his wife directly from the proceeds of the sale of his wife’s separate estate and from timber taken from the land, the husband having no estate or means of his own, and the circumstances showingthatthe purchase was madefor the wife, and the deed is subsequently made by'the vendor directly to the wife, such deed is not fraudulent as against the creditors of the husband and the land cannot be subjected to the payment of the debts of such creditors, (p. 355.)</p>