Wallace v. Bowen
Supreme Court of Vermont
Appeal from the court of chancery. The orator alleged that in March, 1835, he bargained for a piece of land, for which he was to pay $900; $100 of which he paid down, and gave his notes for the remainder, payable at different times, which he paid as they became due; that when the bargain was completed, and the deed about to be drawn, his wife Lydia Wallace said to him, in a playful manner, that he had better have the land deeded to her; and that, upon the representation of…
Read the full summary
Appeal from the court of chancery. The orator alleged that in March, 1835, he bargained for a piece of land, for which he was to pay $900; $100 of which he paid down, and gave his notes for the remainder, payable at different times, which he paid as they became due; that when the bargain was completed, and the deed about to be drawn, his wife Lydia Wallace said to him, in a playful manner, that he had better have the land deeded to her; and that, upon the representation of the person of whom he purchased, and of the magistrate who took the acknowledgment of the deed, that if it was deeded to…
1Opinion of the Court
The opinion' of the court was delivered by
Redeield, Ch. J.
There seems to be no question, in the present case, but the plaintiff paid the consideration for this conveyance; and if the deed had been taken in the name of a stranger, there would have been a resulting trust'in his favor. But this being taken to the wife, the implied, or resulting trust which arises in the case of a stranger is, prima facie, rebutted. But this implication, in the case of a deed so taken to a wife or child of the one paying the price of the land, that it was intended as a gift, is clearly liable in its turn to be…
2Cases cited1 opinion
- Pinney v. FellowsSupreme Court of Vermont · 1843
3Cited by8 opinions
- Deck v. TablerWest Virginia Supreme Court · 1895
- Monahan v. MonahanSupreme Court of Vermont · 1904
- E. Corey & Co. v. MorrillSupreme Court of Vermont · 1898
- Walston v. SmithSupreme Court of Vermont · 1896
- Bickford v. Estate of BickfordSupreme Court of Vermont · 1896
3 more not listed; retrieve them via the Exa API.