Rogers v. Simmons

Citations

• 55 Ill. 76

Syllabus

<p>1. Parol trusts respecting lands—statute of frauds. An express trust in respect to lands, resting entirely in parol, is within the statute of frauds, and void.</p> <p>2. So where a guardian of minor children succeeded in purchasing a tract of land which had formerly belonged to the father of his wards, at a less price than he could otherwise have obtained it for, on the representation to the then owner of the land that he was acting as guardian and wished to secure the land for the children, taking the conveyance, however, in his own name, absolutely, and paying his own money on the purchase, it was held, no express trust could arise in favor of the wards, based upon these representations of their guardian, because, being in parol, they were within the statute of frauds.</p> <p>3. Trusts—arising out of fiduciary relations. Nor would a constructive trust arise, by operation of law, in such case, by reason of the fiduciary relation of the guardian, because his wards, for whose benefit he pretended he wished to purchase the land, had no interest therein, or claim or expectation of interest. The title to the land, although once in the father of the minors, had become vested in another party.</p> <p>4. In order that a trust shall arise in favor of a person towards whom the fiduciary or confidential relation exists or is assumed, by reason of such relation, the person claiming the trust must have some interest, or, at least, some claim or reasonable expectation of interest, in the property claimed to be affected.</p> <p>5. Same—what will amount to a fraud in respect thereto. The mere violation of a parol promise or trust, as to an interest in land, will not; of itself, constitute such a fraud as will take a case out of the statute of frauds.</p> <p>6. Laches—delay in setting up fraud. The owner of a tract of land sold and conveyed the same in June, 1852, at a price less than he had previously offered the same to his grantee, the abatement in price being in consequence