Jenkins v. Doolittle

Citations

• 69 Ill. 415

Syllabus

<p>1. Tbtjst—enforced in equity. Where a party sold land in consideration of the purchaser’s agreement to pay off certain debts of the vendor, and the purchaser gave the money necessary for that purpose to a third party, who agreed to discharge the indebtedness, and the vendor conveyed the land upon the representation of such third party that he had paid the debts, when in fact he had only paid a part of them, and one of the creditors, on the promise of payment by the third party, gave time until his judgment ceased to be a lien on the land sold, it was held, that such third party held the money in trust for the payment of the debts, and that a court of equity would enforce the trust by requiring him to pay the money in his hands, at the suit of the creditor</p> <p>2. Same—trustee’s right to claim compensation. Where a trustee claims compensation for his services, he must show that he has discharged the trust; and if the agreement to pay him out of the fund is disputed, he must establish it by a preponderance of evidence.</p> <p>3. Same—trustee—when charged with interest. Where a person received money in trust to pay certain debts, and only paid a portion of them, and refused to pay the others, claiming the balance in his hands as compensation, which claim he failed to establish, it was held proper to enter a decree against him for the sum in his hands, with interest from the time he ought to have paid out the same.</p>