Boyd v. M'Lean
New York Court of Chancery
THE bill, which was filed in January, 1812, stated, that the plaintiffs, in March, 1803, entered into articles of agreement, in writing, with Thomas Golden, whereby he agreed to sell to the plaintiffs, in fee, and they agreed to purchase, a lot of land in Newlurgh, containing 10 acres, for which the plaintiffs agreed to pay 1,000 dollars, in 4 years, with interest from the 1st of May, 1803; and Golden agreed that the plaintiffs might take possession, and that he would…
Read the full summary
THE bill, which was filed in January, 1812, stated, that the plaintiffs, in March, 1803, entered into articles of agreement, in writing, with Thomas Golden, whereby he agreed to sell to the plaintiffs, in fee, and they agreed to purchase, a lot of land in Newlurgh, containing 10 acres, for which the plaintiffs agreed to pay 1,000 dollars, in 4 years, with interest from the 1st of May, 1803; and Golden agreed that the plaintiffs might take possession, and that he would execute a conveyance, on payment of the money as mentioned. That, in June, 1807, the plaintiffs applied to the defendant for a…
1Opinion of the Court
The Chancellor:
The ground on which the claim of the plaintiffs rests is, that the l,500,dollars which were paid to Thomas Colden, in 1807, as the consideration for the purchase of the premises, were the moneys of the plaintiffs, procured from the defendant as a loan, and that the defendant took the deed in his own name, by agreement, and became thereby a trustee for the plaintiffs ; and that such a resulting trust, being a trust arising “by implication, or construction of law,” is expressly excepted from the operation of the statute of frauds, (Laws of N. Y. sess. 10. ch. 44. sect. 13.,) and…
2Cited by64 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Pierce v. RobinsonCalifornia Supreme Court · 1859
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Coats v. ElliottTexas Supreme Court · 1859
59 more not listed; retrieve them via the Exa API.