St. Patrick's Catholic Church of Sterling v. Daly

Citations

• 116 Ill. 76
• 4 N.E. 241
• 1886 Ill. LEXIS 1057

Syllabus

<p>1. Resulting trust—of the proof required,. To authorize a decree declaring that a priest in charge of a church holds the legal title to certain, lots in trust for the church, and divesting him of the same, it must be satisfactorily proved that they were purchased by him for the church, and with funds that equitably belonged to the church.</p> <p>2. Former adjudication-—remandment with specific directions—us determining the right to an accounting. Where a decree was reversed by this court, and the cause remanded, with directions to refer it to the master to state an account for moneys expended by the defendant in the purchase and improvement of lots, it was held, that this was conclusive of the right to have an account taken.</p> <p>3. Interest—moneys advanced. Where a priest has advanced money for the use of -his church, he will, under the statute, be allowed the legal rate of interest on the same.</p> <p>4. Chancery— imposing equitable terms as condition to relief. Where a party seeks in a court of equity to divest another of the legal title to lots, the court may impose equitable terms on which relief will be granted; and if it appear that the defendant has advanced money for the purchase and improvement of the property, the court, in its decree finding it to belong to the complainant, may properly require the money so advanced to be refunded, with legal interest.</p> <p>5. Same—whether a personal decree proper—as, for money s advanced by defendant, on bill to establish a resulting trust. A Catholic priest, before the incorporation of his church, advanced moneys with-which to buy and improve lots, and the church after incorporation, by bill in chancery, sought to have a resulting trust declared and enforced. On cross-bill by the defendant seeking to have an accounting in his favor for his advances and its payment, it was held, that a decree finding the amount advanced by him and making it a lien on the lots, and ordering their sale for the same, was proper, but