Euans v. Curtis
Illinois Supreme Court
Appeal from the Circuit Court of Iroquois county; the Hon. John Small, Judge, presiding. Appellees James Curtis, and Celia, his wife, on September 1, 1899, in consideration of the sum of $125, conveyed lot 7, in block 5, railroad addition to the village of M'ilford, in Iroquois county, to the appellee Wilbur J. Prose, who is a son of the appellant. Said sum of $125, the consideration for the deed, was paid by appellant out of her own moneys.
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Appeal from the Circuit Court of Iroquois county; the Hon. John Small, Judge, presiding. Appellees James Curtis, and Celia, his wife, on September 1, 1899, in consideration of the sum of $125, conveyed lot 7, in block 5, railroad addition to the village of M'ilford, in Iroquois county, to the appellee Wilbur J. Prose, who is a son of the appellant. Said sum of $125, the consideration for the deed, was paid by appellant out of her own moneys. The deed was not placed of record. On December 28,1899, Curtis contracted with Prose to re-purchase the lot for the same price at which he had sold it,…
1Opinion of the CourtChief Justice Boggs
Counsel for the appellant, in their brief, say the appellant is not asking to recover on a verbal express trust, but upon a resulting trust. When a parent pays the purchase price of real estate and directs the title to be made to his or her child, the presumption which arises in law is, that an advancement or gift to the child is intended. (Taylor v. Taylor, 4 Gilm. 303; Pool v. Phillips, 167 Ill. 432; 1 Am. & Eng. Ency. of Law,-2d. ed.-p. 769.) In such state of case a resulting trust can only be established by clear and satisfactory proof that neither an advancement nor a gift was intended.…
2Cases cited1 opinion
- Pool v. PhillipsIllinois Supreme Court · 1897
3Cited by4 opinions
- Brod v. BrodIllinois Supreme Court · 1945
- Houdek v. EhrenbergerIllinois Supreme Court · 1947
- Link v. EmrichIllinois Supreme Court · 1931
- Langdon v. HughesAppellate Court of Illinois · 1904