Lloyd v. Woods

Citations

• 176 Pa. 63
• 34 A. 926
• 1896 Pa. LEXIS 1042

Syllabus

<p>[Marked to be reported.</p> <p>Trust and trustees — Resulting trusts — Parol evidence — Husband and wife.</p> <p>The ownership of the money which purchases real estate draws to itself the beneficial or equitable interest in the estate; and such equitable title, though resting generally in parol proof, is expressly exempted from the statute of frauds and perjuries.</p> <p>If a husband having the money or property of his wife in his possession, invests it in real estate, and without her consent thereto takes the title to himself, she has a resulting trust in the land which she can assert at any time she sees proper to enforce it, to the extent the property was paid for with her money.</p> <p>When land is bought by a husband at his wife’s instance and with her knowledge and approval, and paid for with her money or property, it is the duty of the husband, without the wife’s request, to have the conveyance made to her. Taking the title in his own name is a violation of duty and a resulting trust in such case will arise in her favor.</p>