Monson v. Hutchin
Illinois Supreme Court
Appeal from the Circuit Court of DeWitt county; the Hon. W. G. Cochran, Judge, presiding. On the 7th of March, 1901, the appellant filed his bill in chancery in the circuit court of the county of DeWitt, in and by which said bill it is alleged that in 1867 one Bushrod W. Monson, the father of appellant, by way of gift conveyed to appellant, by warranty deed, certain lands described in said bill, situated in said county of DeWitt, and containing about two hundred and forty…
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Appeal from the Circuit Court of DeWitt county; the Hon. W. G. Cochran, Judge, presiding. On the 7th of March, 1901, the appellant filed his bill in chancery in the circuit court of the county of DeWitt, in and by which said bill it is alleged that in 1867 one Bushrod W. Monson, the father of appellant, by way of gift conveyed to appellant, by warranty deed, certain lands described in said bill, situated in said county of DeWitt, and containing about two hundred and forty acres; that at the time of said conveyance to him, as aforesaid, appellant was unmarried and lived with his father on said…
1Opinion of the CourtJustice Boggs
The Statute of Frauds, if invoked, operates to prevent the creation of an express trust in lands unless evidenced in writing. (Dicken v. McKinley, 163 Ill. 318; Dick v. Dick, 172 id. 578). The defense of the Statute of Frauds may be interposed by way of a demurrer to a bill in equity to enforce an express trust, if it does not affirmatively appear from the allegations of the bill that there is written proof of the creation of the trust. (Dicken v. McKinley, supra.) Counsel for appellant insist the bill disclosed facts from which the law will imply a resulting trust. A resulting trust does not…
2Cases cited3 opinions
- Dicken v. McKinleyIllinois Supreme Court · 1896
- Williams v. BrownIllinois Supreme Court · 1852
- Biggins v. BigginsIllinois Supreme Court · 1890
3Cited by8 opinions
- Lancaster v. SpringerIllinois Supreme Court · 1909
- Fox v. FoxIllinois Supreme Court · 1911
- Spaulding v. CollinsWashington Supreme Court · 1909
- National Bank v. D. W. Standrod & Co.Idaho Supreme Court · 1928
- Kroll v. CoachOregon Supreme Court · 1904
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