Strong v. Messinger

Citations

• 148 Ill. 431
• 36 N.E. 617

Syllabus

<p>1. Resulting trust—when it arises. It is a well settled rule that a resulting trust arises, if at all, the instant the deed is taken and the legal title vests. No payment made will create a resulting trust, unless, at the moment the title passes, the trust results from the transaction itself.</p> <p>2. Same—when several contribute the purchase money. Where several contribute the purchase money, it is essential, in order to create a resulting trust, that it shall appear that the sums severally contributed were for some distinct interest or aliquot part of the estate, as, one-half, one-quarter, etc.</p> <p>3. Same—may be shown by parol evidence. Parol evidence is admissible to establish facts upon which a resulting trust may be implied by law.</p> <p>4. Same—of the character and amount of evidence required. The evidence to establish a resulting trust after the lapse of many years must be clear, strong, unequivocal, unmistakable, and of the most satisfactory character. It must establish the fact of payment by the alleged beneficiary beyond a doubt. When the payment of a part of the purchase money is claimed, the evidence must show, in the same clear manner, the exact proportion of the whole price which was paid.</p> <p>5. On bill filed nearly a quarter of a century after the purchase of land, against the heir and personal representative of the deceased grantee, to have a resulting trust declared and enforced, the principal evidence relied on for relief were the casual admissions of the grantee in conversations with third persons having no interest in the premises, in regard to the equities of the complainant. Such admissions were equivocal, and capable of explanation on the theory of a loan by the complainants, and proof as to the amount of money advanced by the complainants, and showed no claim by them of an interest in the land until after the grantee’s death. It was held, that the proof was not of that clear and satisfactory character required to establish the tr