Smith v. Hollenback
Illinois Supreme Court
This was a petition for a rehearing. This case was decided at the September term, A. D. 1867, and is reported in 46 Ill. 252, where a statement of the facts is fully set forth. Reference is made to that case for a better understanding of the opinion of the court upon the petition.
1Per curiam
A petition for a rehearing has been presented in this case, and we would willingly grant it, in view of all the facts, if we could do so without violating the settled rules of law. It is urged, the circumstances clearly indicate that James Miller held the legal title in trust for his brother, Abraham. But there is no written evidence of that fact, and as there was nothing to create what is technically known as a resulting trust, if James was in fact holding for Abraham, the trust was of such a character as to fall within the statute of frauds.
It is said, further, that the plaintiff in error,…
2Cited by3 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Shulman v. MoserIllinois Supreme Court · 1918
- Jenkins v. JeffreyWyoming Supreme Court · 1892