Cotton v. Wood
Supreme Court of Iowa
Appeal from, Benton District Court. This is a suit in equity. The petition shows that plaintiff Cotton purchased, and paid for out of his own means, on the 4th of August, 1857, lot 5, block 18, in Beckett’s addition to the town of "Vinton, and caused the same to be conveyed to his wife, P. A. Cotton, under an agreement between them, that she would convey, to him or to whomsoever he might assign his interest therein, the said property, upon request so to do.
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Appeal from, Benton District Court. This is a suit in equity. The petition shows that plaintiff Cotton purchased, and paid for out of his own means, on the 4th of August, 1857, lot 5, block 18, in Beckett’s addition to the town of "Vinton, and caused the same to be conveyed to his wife, P. A. Cotton, under an agreement between them, that she would convey, to him or to whomsoever he might assign his interest therein, the said property, upon request so to do. The petition alleges that the conveyance was so made to the wife, “ to save costs and trouble, and to have the legal title to said…
1Opinion of the CourtBeck, J.
i. thust : revanoement': mus' I. Where, upon the purchase of property, the consideration is paid by one, and the legal title conveyed to another, a resulting trust is thereby raised, and the person named in the deed will hold the property as trustee of the party paying the consideration. See Hill on Trustees, p. 91, and authorities cited in notes; 2 Story’s Eq. Juris. § 1201. But if the person to whom the conveyance is made be one for whom the party paying the consideration is under obligation, natural or moral, to provide, the transaction will be regarded prima facie as an advancement, and…
2Cases cited4 opinions
- Livingston v. LivingstonNew York Court of Chancery · 1817
- Guthrie v. GardnerNew York Supreme Court · 1838
- Burns v. KeasSupreme Court of Iowa · 1866
- M'Culloch v. CowherSupreme Court of Pennsylvania · 1843
3Cited by37 opinions
- Smithsonian Institution v. MeechSupreme Court of the United States · 1898
- Frederick v. ShormanSupreme Court of Iowa · 1966
- Jackson v. JacksonSupreme Court of Georgia · 1920
- Warren v. AdamsSupreme Court of Colorado · 1894
- Culp v. PriceSupreme Court of Iowa · 1899
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