Lear v. Chouteau
Illinois Supreme Court
This was a bill in chancery, filed by the defendants in error to compel a conveyance to them of certain coal and coal lands, and certain privileges connected therewith, purchased by the plaintiff in error, defendant below, as alleged by the said complainants, as trustee for them and for their use.
1Opinion of the CourtCaton, C. J.
There is no pretense for a resulting trust in this case. The interests in the lands in controversy were purchased by Lear not for cash down, but on time, to be paid for as the coal should be taken out, and Lear gave his personal obligations for the payment of the purchase money, and took whatever title was taken to himself. The agreement under which these purchases were made could not create a resulting trust, which can alone arise from the fact, that a purchase is made in the name of one, while the purchase money belongs to another. Here no part of the purchase money has been paid, and hence…
2Cited by16 opinions
- Vangilder v. HoffmanWest Virginia Supreme Court · 1883
- Beckett-Iseman Oil Co. v. BackerCourt of Appeals of Kentucky · 1915
- Chicago Attachment Co. v. Davis Sewing Machine Co.Illinois Supreme Court · 1892
- Godschalck v. WeberIllinois Supreme Court · 1910
- McClure v. OtrichIllinois Supreme Court · 1886
11 more not listed; retrieve them via the Exa API.