Sheldon v. Harding

Citations

• 44 Ill. 68

Syllabus

<p>1. Quitclaim deed—failure of consideration. A quitclaim deed for land, without reference to the character of title, is, in the absence of fraud, a sufficient consideration to support a contract. Money paid for such a conveyance cannot be recovered back, or a plea of failure of consideration maintained to a note given for such a conveyance, unless fraud has been practiced on the grantee.</p> <p>2. Trust—resulting or implied. A resulting or implied trust is usually created by the purchase of land with the money of one person in the name of another without the consent of the owner of the means. Such trust is never created by agreement, but always by implication of law, from acts independent of the agreement of the parties.</p> <p>3. Practice—dismissing bill. Where a bill in chancery is not framed on a basis such as will entitle the complainant to the relief he seeks, but it is obvious to the court that he has equities which under a proper bill he could enforce, the true practice is to dismiss his bill without prejudice.</p>