Moore v. Moore

Citations

• 74 Miss. 59

Syllabus

<p>1. Resulting Trust. Payment of pwchase money. Time of payment.</p> <p>The rule that a resulting trust in land can only arise in favor of a third person paying the- purchase money, when it is paid “at the time of the purchase,” means that the payment must be made at or before the time of the conveyance whereby the vendee acquires title.</p> <p>2. Same. Case.</p> <p>Where one enters into a contract for the purchase of land, paying a part of the price, and giving his notes for the remainder, the payment of which is a condition precedent to the conveyance of the land, and his wife, upon a subsequent agreement that she shall be substituted as vendee, pays the notes, but the vendor, in ignorance of this arrangement, conveys the land to the husband, who fully recognized his wife’s right to the land and often promised to correct the mistake, but died soon afterwards without having done so, a trust results in favor of the wife, and she is entitled to the land as against the husband’s heirs at law, the payment by the wife, under the agreement stated, having been prior to the conveyance by the vendor.</p>