Mahoney v. Mahoney

This was a bill in chancery for partition and for an account of rents and profits. The defendant filed a sworn answer, and also a cross-bill alleging that the ancestor of complainants purchased the land with the money of defendant, and took the deed in his own name, and claimed a resulting trust in the land.

The rule is well established that, where parties are strangers, and, upon the purchase of property, the conveyance of the legal estate is taken in the name of one, and the money is paid by another, a presumptive trust arises, and the party holding the legal estate will be a trustee for the…