Garfield v. . Hatmaker

The rule at common law was, that if lands were conveyed to one person, the consideration for which was wholly paid by another, a trust resulted in favor of the person who paid the price. Such a trust, being raised by implication of law, was held not to be within the statute of frauds, and it was also held that under the former statute of uses, (] R.L., 74, § 4,) the interest of thecestui que trust could be seized and sold as a legal estate on execution against him. (Foote v. Colvin, 3 John., 216;Jackson v. Bateman, 2 Wend., 570; Guthrie v. Gardner, 19 id., 414; Jackson v. Walker, 4 id., 462.)…