Scheerer v. Scheerer

Citations

• 109 Ill. 11

Syllabus

<p>1. Payment—what constitutes—accepting promissory note in the distribution of an estate. A person, on the purchase of a lot, signed his father’s name to the notes given to his wife’s father for the money to pay for the same, and had the lot conveyed to his father, and afterward, in the settlement of his wife’s father’s estate, these notes were taken by such person and his wife as a part of her distributive share: Held, that this was a payment of the notes by the son and his wife.</p> <p>2. Witness—competency—one heir against another. On petition for the partition of land by one heir against his two brothers, co-heirs, where one defendant, by his answer and cross-bill, claims the entire title, on the ground that the ancestor held the legal title in trust for him, and the other defendant disclaims any interest, the latter will be a competent witness for his co-defendant, and against the petitioner, both at common law and under the statute.</p> <p>3. Resulting trust—how it arises. A resulting trust arises where one person’s money pays for land, and it is conveyed to another.</p>