Witts v. Horney

There is no difficulty as to the law relating to resulting trusts. The numerous decisions of this Court upon the subject have placed it beyond controversy here. Where one party purchases an estate, and pays the money, and the deed is taken in the name of another, a trust results *586bv construction of law to tbe party who paid the money, and such payment may be proved by parol; but in all such cases the proof of payment by the cestui que trust must be clear, direct, and explicit. This strictness of proof is required, because of the danger of rendering titles depending upon deeds and other written…