Rice v. Dougherty
Appellate Court of Illinois
Bill in equity. Appeal from the Circuit Court of Cook county; the Hon. George A. Carpenter, Judge, presiding.
1Opinion of the CourtJustice Chytraus
Trusts are of two kinds: express and implied. Implied trusts are again divided into resulting and constructive trusts. A resulting trust—being one of the class of implied trusts—arises only by implication of law and not by contract. ‘ ‘ Such a trust is never raised unless the money of the cestui que trust was used in the purchase of the property in which the trust is claimed to exist;” Jacksonville Nat. Bank v. Beesley, 159 Ill. 120, 125. In order to establish a resulting trust the one claiming it must show that he has furnished the consideration money or some aliquot part thereof, as part of…
2Cases cited3 opinions
- Davis v. HamlinIllinois Supreme Court · 1883
- DeGrasse v. H. W. Gossard Co.Illinois Supreme Court · 1908
- Jacksonville National Bank v. BeesleyIllinois Supreme Court · 1895
3Cited by5 opinions
- Baldi v. Chicago Title & Trust Co.Appellate Court of Illinois · 1983
- Lamb v. SandallNebraska Supreme Court · 1938
- Watkins v. WaitsNebraska Supreme Court · 1947
- Goetz v. McCormickAppellate Court of Illinois · 1918
- Rice v. DoughertyAppellate Court of Illinois · 1911