Davis v. Davis
Montana Supreme Court
Appeal from, First Judicial District, Lewis and Clarice County, Plaintiff’s motion for judgment on the pleadings was sustained by Blake, C. J. Where, upon foreclosure of property, title is taken in the name of one, but the consideration is paid by another, a resulting trust arises.
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Appeal from, First Judicial District, Lewis and Clarice County, Plaintiff’s motion for judgment on the pleadings was sustained by Blake, C. J. Where, upon foreclosure of property, title is taken in the name of one, but the consideration is paid by another, a resulting trust arises. (Perry on Trusts, § 126; Story on Equity Jurisprudence, § 1201.) If a joint purchase is made in the name of one, and another pays his share of the purchase money, the latter will be entitled to his share of the property as a resulting trust. (Story on Equity Jurisprudence, § 1206; Buck v. Swazey, 35 Me. 49; 56 Am.…
1Opinion of the CourtDe Witt, J.
The complaint alleges that on the first day of December, 1882, plaintiff, being about to leave Montana, gave to the defendant, Joseph Davis, a power of attorney, authorizing him to sell and convey the real estate of plaintiff in Lewis and Clarke County, said Territory. The plaintiff was then the *271owner of several described tracts of real estate in said county. The power of attorney was duly recorded February 2, 1885. On February 20,1885, the defendant, contriving to cheat plaintiff, and without consideration, conveyed said premises by two deeds to defendant, Bennett Price. Those deeds were…
Also in this document: Concurrence.
2Cases cited6 opinions
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
- Dobson v. . PearceNew York Court of Appeals · 1854
- Bruck v. TuckerCalifornia Supreme Court · 1871
- Crary v. . GoodmanNew York Court of Appeals · 1855
- Leopold v. SilvermanMontana Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Merk v. Bowery Mining Co.Montana Supreme Court · 1904
- Arnold v. SinclairMontana Supreme Court · 1892
- Malvaney v. YagerMontana Supreme Court · 1936
- Babcock v. MaxwellMontana Supreme Court · 1898
- Anaconda Copper Mining Co. v. ThomasMontana Supreme Court · 1913
6 more not listed; retrieve them via the Exa API.