Herbert v. Herbert

Citations

• 144 Ill. 115
• 33 N.E. 19

Syllabus

<p>1. Resulting trust — purchasing land with money belonging to another. If a man purchases and pays for land with money belonging to a woman living with him as his wife, and without her sanction or consent has the land conveyed to himself, a court of equity will compel him to convey it to her. But the evidence must fairly establish that the woman furnished the money that paid for the property.</p> <p>2. Same. Where a man, through a series of years, placed all his earnings in the hands of a woman, living with him as his wife, for safe keeping, except enough to defray his personal expenses, and out of part of such money which she turned over to him, he bought property for their home, and took a deed in his own name with her knowledge of that fact, it was held that there was no resulting trust created in favor of the woman, and that a bill by her to compel him to convey to her was properly dismissed.</p> <p>3. Master’s report—overruling exceptions to immaterial items. There is no error in overruling an exception to a master’s report for a failure to find that money loaned belonged to the complainant, where the title to the note taken on such loan, or the money it represents, is not involved in the suit.</p>