Barrows v. Bohan
Supreme Court of Connecticut
Bill in equity for a sale of certain real estate claimed to be owned by the parties jointly, and for an injunction; brought to the Superior Court in New Haven County, and heard before Crrang&r,. J. The following facts were found by the court.
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Bill in equity for a sale of certain real estate claimed to be owned by the parties jointly, and for an injunction; brought to the Superior Court in New Haven County, and heard before Crrang&r,. J. The following facts were found by the court. Some time prior to the 19th day of October, 1868, the petitioner made a parol contract with certain parties for the purchase of a building lot for $1,050, and paid them at different times on the contract the sums of $150, $100, $50, and $50. But finding herself unable to make payments upon the lot as fast as was desired, she proposed to the respondent,…
1Opinion of the CourtCarpenter, J.
Although in form this record presents several questions, yet in substance there is but one; and that is, what interest has the petitioner, if any, in the real estate in controversy? Or, to state it in another form, is there a resulting trust ? and, if so, to what extent ?
That the petitioner paid a portion of the purchase money, as purchaser, before the deed was given, is not denied. The law raises a trust therefore in her favor to some extent, unless such trust is defeated by the parol agreement between the parties. The whole doctrine of resulting trusts rests upon a presumed agreement…
2Cases cited1 opinion
- Booth's Appeal from ProbateSupreme Court of Connecticut · 1868
3Cited by17 opinions
- Dolan v. DolanSupreme Court of Connecticut · 1928
- Jackson v. JacksonSupreme Court of Georgia · 1920
- Fox v. ShanleySupreme Court of Connecticut · 1920
- Corr's Appeal From CommissionersSupreme Court of Connecticut · 1892
- Farrah v. FarrahSupreme Court of Connecticut · 1982
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