Jackson v. Jackson

Citations

• 80 Fla. 557
• 86 So. 510

Syllabus

<p>1. An appeal in chancery from a final decree opens for consideration by the appellate court the merits of the cause.</p> <p>2. The rulings of the chancellor who tried the cause are presumed upon appeal to be correct and the burden is upon the appellant to make it clearly to appear that such rulings are erroneous, or the decree will be affirmed.</p> <p>3. A resulting trust in real property arises lyhere an agent invests his principal’s money in such property with the latter’s consent, but takes the title thereto in the agent’s name, and the fact that the agent applies the particular money furnished to him for the purchase to his own use, but later substitutes therqfor funds of his own, does not alter the rule.</p> <p>i. Where a married woman contributed money toward the purchase of real property by her husband who had accepted from his father a sum of money and a commission to purchase a lot for him, but of which trust she h^d no knowledge, and the purchase of the real property by the son was in the execution of the commission entrusted to him by his father, but the price paid for the property was greater than the sum of money which the- father gave to his son for that purpose by the amount contributed by the wife, the latter has a prior lien upon the property purchased to secure the repayment to her of her contribution.</p>