Loften v. Witboard

Citations

• 92 Ill. 461

Syllabus

<p>Besotting trust—when it arises. In a suit for partition of lands among several heirs, the lands were decreed to be sold, and a commissioner appointed for the purpose of executing the decree. At the sale the husband of one of the heirs became the purchaser of one of the tracts, took the title in his own name, paying nothing upon his purchase except a small amount, the excess of his bid over and above his wife’s interest in the proceeds of the whole sale. The husband repeatedly promised his wife to have the title vested in her, but it was not done: Held, the purchase money for the land being the wife’s share of the proceeds of the sale, a resulting trust therein would arise in her favor.</p>