Wilson v. Beauchamp

Citations

• 44 Miss. 556

Syllabus

<p>1. Resulting tetjst. — If a person buy land in the name of another, and pay tho consideration money, tho land will be held by the grantee in trust for the benefit of him who advanced the monoy. The trust attaches to the legal title, whothor freehold, copyhold, or leasehold, whether tho title be taken in the name of the purchaser and others jointly or in their several names, in favor of the purchaser who advances the money.</p> <p>2. Same — Pbesumetions—Implication_-The trust results from the act, and is a presumption of intention. If tho title be taken in the name of a stranger standing in no close relationship of blood to him who advances the money, the trusfc.arises as an implication of law. But whore there is a moral duty to provide for the recipient of tho legal title, as in caso of a son, daughter, or wite, then the advancement of money by the father or husband will be referred to this moral duty, and tho presumption that it was a gift by way of advancement, will overcome the presumption in favor of a trust. 2 Story’s Eq. Jur., § 1204 ; 3 Cush. Man., 194.</p> <p>3. Advancement to wife on child — Bubden oe ebooe. — The rule that it shall be doomed a provision or advancement in favor of wife or child is not inflexible, but simply shifts tho burden of proof, so that if it shall be clearly shown that it was not meant as an advancement, but that the title was vested in the wife or child for other reasons, to be held in trust, for father or husband, then this prosumption ceases.</p> <p>4. Same — Resuming tetjst — Paeol testimony_The presumption of advancement or provision will stand unless overcome by proof; and parol testimony of the declarations of the fathor may bo reeeivod to rebut the presumption of advancement; and this, it is said, on the ground that a rosulting trust, not being within the statute of frauds, could be established by parol proof, and therefore the contrary, that it did not exist, was open to the same sort of proof. 11 Johns., 95. Parol eviden