Legal Opinion

Dorman v. Dorman

Illinois Supreme Court

Decided October 19, 1900PublishedCited by 33 opinions

Appeal from the Circuit Court of Christian county; the Hon. William M. Farmer, Judge, presiding. This is a bill in equity filed by Benjamin R. Dorman and Alonzo H. Ranes, against Martin L. Dorman, Eva Dorman, Galen Dorman, R. I. Smith and C. B. Klinefelter, for the partition of an eighty-acre tract of land located in Christian county.

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Appeal from the Circuit Court of Christian county; the Hon. William M. Farmer, Judge, presiding. This is a bill in equity filed by Benjamin R. Dorman and Alonzo H. Ranes, against Martin L. Dorman, Eva Dorman, Galen Dorman, R. I. Smith and C. B. Klinefelter, for the partition of an eighty-acre tract of land located in Christian county. The bill, as finally amended and as it stood at the time of the trial, alleged that Mary A. Dorman was the owner of the premises in question; that she died in the year 1878, leaving her surviving Martin L. Dorman, her husband, and Benjamin R. Dorman, Galen…

1Opinion of the CourtJustice Hand

The evidence in this case clearly establishes that Martin L. Dorman purchased the land in the year 1873 from A. J. Willey; that he paid the consideration therefor, but at the time the deed was made the title thereto, at his request, was conveyed to Mary A. Dorman, his wife. A resulting trust arises, by implication of law, from the acts of the parties. (1 Perry on Trusts, sec. 134; Donlin v. Bradley, 119 Ill. 412; VanBuskirk v. VanBuskirk, 148 id. 9.) When the evidence shows the payment of the purchase money by one and the conveyance of the title thereby purchased to another, between parties…

2Cases cited7 opinions

  1. Crone v. CroneIllinois Supreme Court · 1899
  2. Smith v. SmithIllinois Supreme Court · 1877
  3. Adlard v. AdlardIllinois Supreme Court · 1872
  4. Donlin v. BradleyIllinois Supreme Court · 1887
  5. Dunaway v. RobertsonIllinois Supreme Court · 1880

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3Cited by33 opinions

  1. Dowie v. DriscollIllinois Supreme Court · 1903
  2. Scanlon v. ScanlonIllinois Supreme Court · 1955
  3. Hanley v. HanleyIllinois Supreme Court · 1958
  4. Judgment Services Corp. v. SullivanAppellate Court of Illinois · 2001
  5. Rankin v. RankinIllinois Supreme Court · 1905

28 more not listed; retrieve them via the Exa API.

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