Montgomery v. McNutt

Complainant’s bill sought to establish a resulting trust in favor of the estate of her intestate in real property situate in Jefferson county. At the hearing on pleading and evidence, decree went for defendant. Complainant appeals.

There is a wealth of decisions on the subject involved. “The clear result of all the eases, without a single exception,” says Judge Story, “is that the trust of the legal estate * * * results to the man who advanced the purchase money. This is a general proposition, supported by all the eases, and there is nothing to contradict it.” 3 Story’s Eq. (14th Ed.) § 1597.…