Fulp v. Fulp

Plaintiff’s evidence is insufficient to establish either a resulting or a constructive trust in the land described in the complaint, for defendant acquired no title to realty with the use of plaintiff’s money. “(A) resulting trust arises, if at all, in the same transaction in which the legal title passes, and by virtue of consideration advanced before or at the time the legal title passes, and not from consideration thereafter paid.” Rhodes v. Raxter, 242 N.C. 206, 208, 87 S.E. 2d 265, 267. When one person’s money is used to pay for land, title to which is taken in the name of another, equity…