Astreen v. Flanagan
New York Court of Chancery
Cause heard on pleadings and proofs. The bill was filed for a reconveyance of property conveyed to the defendant’s wife, while she was an infant.
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Cause heard on pleadings and proofs. The bill was filed for a reconveyance of property conveyed to the defendant’s wife, while she was an infant. This bill showed that on or about the fourteenth day of September, one thousand eight hundred and nineteen, Grove B. Waldron, was the owner of a certain lot of land in the twelfth ward of the city of New-York ; that the complainant, being then a subject of the King of Sweden and not entitled to hold real estate, in his own name, and being then desirous of purchasing the said lot, he applied to his friend John Higham, then of the city of New-York,…
1Opinion of the Court
The Vice-Chancellor :
The purchase of the lot in ques tion having been made by or under the direction of the complainant, and he having paid the purchase-money, he is entitled prima facie to the property, on the ground of a resulting trust, although the title was taken with his assent in the name of the defendant, Sarah Isabella. But this presumption may be repelled by circumstances as well as by direct proof, showing that a trust was not intended, but, on the contrary, a gift or advancement to the grantee : Jackson ex dem. Feller v. Feller, 2 Wend. 465.
The rule is, that a purchase in the name…
2Cases cited1 opinion
- Jackson v. FellerNew York Supreme Court · 1829
3Cited by2 opinions
- Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
- Palmer v. . CulbertsonNew York Court of Appeals · 1894