Purman v. Fitch

Opinion by

Mr. Justice Allen M. Steabne,

The question is whether the beneficiary of a resulting-trust may recover damages from a tenant of the trustee who has paid the rent in full to the trustee.

The purchase price for the property in question was paid in 1930 by appellant Purman. At his direction, title was taken in the name of John D. and Clara L. Johnston, who later conveyed through a straw man to Clara L. Johnston. From 1931 to 1935 the Johnstons were in sole possession. On March 20, 1935, Purman filed a bill for a decree declaring that the Johnstons held title on a resulting trust and…