McDonald v. Carr
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. 0. H. Horton, Judge, presiding. This was a bill for partition, brought by Anna Carr, against Katharine McDonald and others, to divide a certain lot in Young and Clarkson’s subdivision of a certain forty-acre tract of land in Cook county. There is no substantial controversy in this case in regard to the facts.
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Appeal from the Circuit Court of Cook county; the Hon. 0. H. Horton, Judge, presiding. This was a bill for partition, brought by Anna Carr, against Katharine McDonald and others, to divide a certain lot in Young and Clarkson’s subdivision of a certain forty-acre tract of land in Cook county. There is no substantial controversy in this case in regard to the facts. Michael Carr was married, in 1847, to one Hannah Rafferty, and the two resided together until about the year 1866, when Carr deserted his wife in the State of Wisconsin, and in 1868 Carr was married in Fall River, Mass., to Katharine…
1Opinion of the CourtJustice Craig
Katharine McDonald purchased the lot in question in her own name, and paid the purchase money from her own funds. The contract for a deed provided that the vendor should convey to Katharine McDonald, but when the last payment was made, at the request of Katharine McDonald the deed was made to Michael McDonald. As a general rule, where real property is purchased and paid for by one person and the legal title is taken in the name of another person, the parties being strangers to each other, — that is, not a wife or child, or person standing in that relation, — a resulting trust immediately…
2Cases cited1 opinion
- Donlin v. BradleyIllinois Supreme Court · 1887
3Cited by3 opinions
- Bohaker v. KoudelkaMassachusetts Supreme Judicial Court · 1955
- Dean v. DeanIllinois Supreme Court · 1948
- Flowers v. AndersonAppellate Court of Illinois · 1964