Mason v. Showalter

Citations

• 85 Ill. 133

Syllabus

<p>1. Resulting tbust—land purchased with money of another. Where a parly takes a deed in his own name for another, and pays part of the price with such other person’s money, and the balance with his own, this will create a resulting trust in favor of such other to the extent of his money so used, with interest.</p> <p>2. Monet had and beceived. Where a party purchased land, and not being able to pay the entire purchase money, procured another to advance the balance, who took a conveyance in his own name as a security, and paid part of the price out of the real purchaser’s money in his hands, and who afterwards sold the land for a large sum without any foreclosure, it was held, that the latter was liable to the former in assumpsit under the common counts, to the extent of his interest in the land, which was the amount of his money used in the purchase, with interest, and the value of his improvements.</p>