Walker v. Matthews

Citations

• 58 Ill. 196

Syllabus

<p>1. Partnership—proof of. Mere loose and casual remarks, indefinite in their character, will not, as between the persons themselves, prove a partnership, but one claiming to be the partner of another, so as to participate in a fund claimed to belong to a partnership, should establish that relation by satisfactory evidence.</p> <p>2. Trustee—trust funds. Where a person in debt, at the time conveys lands to another, to be sold and applied to the payment of the debts of the grantor, and the grantee fails to so apply the fund, creditors may subject it to the payment of his debts, by proceeding in equity, and where the grantor is dead, order the administrator to sell the lands and apply the proceeds in due course of administration to the. payment of the debts ; but in such a ease, no cross bill being filed, it ivas error to order the lands to be conveyed to the minor heir of deceased.</p> <p>3. Equitable lieu—account.of Where it appeared that two brothers selected lands, and they were entered in the name of one, and they improved a portion of them, and it appeared that the other had loaned or furnished money to the brother holding the title, and had made improvements on a part of the land, and the other who held the title, conveyed to him the lands to be sold and applied to pay his debts, the grantee held an equitable claim on, and the legal title to, the lands to indemnify him for money, improvements, &c., and the court erred .in decreeing the lands to be sold without protecting-his equity in the lands; it being higher than that of the creditors, it should have been first ascertained and satisfied, or ht least a prior lien established on the lands, before they were sold.</p>