Smith v. Smith

Citations

• 85 Ill. 189

Syllabus

<p>1. Resulting trust—when it arises. Where two parties agree that one shall purchase land, which is done, and each pays one-half the price, and the deed is made to the one making the purchase, a resulting trust will arise in favor of the other as to an undivided half of the land, notwithstanding he paid his part of the money under an express agreement that the party taking the deed should convey him one-half interest.</p> <p>3. Chancery practice—record. A decree in chancery dismissing a hill will he reversed if, by proofs appearing in the record, it is not justified, notwithstanding the clerk, in his certificate, fails to state that the transcript contains all the depositions and evidence in the case. The absence of such a statement in the certificate of evidence will not justify any presumption that there was other evidence heard which would justify the decree.</p>