McDonald v. Carr

Citations

• 150 Ill. 204
• 37 N.E. 225

Syllabus

<p>1. Besulting trust — when it arises. As a general rule, where real property is purchased and paid for by one person and the legal title is taken in the name of another person, the parties being strangers to each other, — that is, not a wife or child, or person standing in that relation, — a resulting trust immediately arises from the transaction, and the person to whom the land is conveyed will hold it in trust for the one who paid the purchase money.</p> <p>2. A purchased a tract of land in her own name, and paid the pur- • chase money from her own funds. The contract for a deed provided that the vendor should convey to her, but when the last payment was made, at the request of A the deed was made to B. A and B had before that time married, but B then had a wife living from whom he had no divorce : Held, that A and B were strangers to each other, their marriage being void, and a resulting trust arose in favor of A, and that B took the legal title in trust for A.</p>