Kane v. O'Conners
Supreme Court of Virginia
Appeal from decree of chancery court of city of Richmond, rendered 11th June, 1881, in a cause wherein John Kane is plaintiff and John O’Conners is defendant. The decree dismissed the plaintiff’s bill, and he obtained an appeal to this court.
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
It is a familiar and long established rule in equity,, thaffif one person buys an estate with the money of another,, and takes the conveyance in his own name, a trust results-by presumption of law in favor of him with whose money' the purchase was made. And in such cases the trust may' be established by parol proof; but, to guard against the* *77danger of perjury, and for the security of titles, the proof is required to be clear and distinct. Sudgen on Vendors, 443; Bank of the U. S. v. Carrington et als., 7 Leigh, 566; Boyd v. McLean, 1 Johns. Ch’y…
2Cases cited1 opinion
- Phelps v. SeelySupreme Court of Virginia · 1872
3Cited by8 opinions
- Gregory v. PeoplesSupreme Court of Virginia · 1885
- Morrow v. MatthewIdaho Supreme Court · 1904
- Miller v. MillerSupreme Court of Virginia · 1901
- Henderson v. HenrieDistrict Court, N.D. West Virginia · 1905
- Leath v. WatsonSupreme Court of Virginia · 1893
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