Pratt v. Stone

Citations

• 80 Ill. 440

Syllabus

<p>1. Trust—equitable rights undm\\ barred by laches. Where a party claiming land under a secret trust, on the ground of having paid the purchase money through a brother, to whom a conveyance was made, makes no active assertion of his claim for nineteen years, and gives no notice to others purchasing of his brother, and the purchaser causes a portion of the premises to be platted and laid off into lots, and makes sales, and in the meantime the property increases largely in value, such party, and those claiming under his equity, will be estopped and barred in equity from enforcing the secret trust, by their laches and the lapse of time.</p> <p>2. Same—failing to give notice and assw't right. Where the holder of the legal title to land disposes of the same, and the purchaser afterwards brings suit in equity for a specific performance, and one claiming a secret resulting trust fails to repudiate the sale so made by the holder of the legal title, or intervene to protect his rights, and neglects to notify those claiming under such purchaser of his rights or intention to repudiate the sale, it would be inequitable to allow him, and his wife claiming under him, to assert their claim to the land after the lapse of nineteen years from the creation of the secret trust.</p> <p>3. Purchaser—when protected from secret trust. A party purchasing land, the title coming through one holding the legal title of record, without notice of any secret trust claimed to exist under a verbal agreement with the holder of the legal title, will be protected against the claim under the trust.</p>