Sunderland v. Sunderland
Supreme Court of Iowa
Appeal from-Duhuque District Court. Resulting trusts : purchase of land by wife with husband’s money: effect of, &c. — This is a petition in equity by five of the heirs-at-law, one son and four married daughters, of John Sunderland, Sr., deceased, against Elizabeth Sunderland, his widow, and two of the heirs of the said 'John, claiming that the said Elizabeth holds the legal title to 160 acres of land in trust for the heirs.
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Appeal from-Duhuque District Court. Resulting trusts : purchase of land by wife with husband’s money: effect of, &c. — This is a petition in equity by five of the heirs-at-law, one son and four married daughters, of John Sunderland, Sr., deceased, against Elizabeth Sunderland, his widow, and two of the heirs of the said 'John, claiming that the said Elizabeth holds the legal title to 160 acres of land in trust for the heirs. The material averment of the petition is as follows: “ Plaintiffs allege that the said land was entered by the said Elizabeth, then the wife and now the widow of the said…
1Opinion of the Court
Dillon J.
1. Trust : when it arises. The object of this suit was to establish, respecting the land in question, as against the widow, a resulting trust in favor of the heirs of John H Sunderland, Sr.
It is a well established principle in equity, that where one purchases lands with the money of another, and takes the title to himself, there arises by implication or operation of law, a trust in favor of the owner of the money. Sullivan v. McLenans, 2 Iowa, 437; Id., 59; Claussen v. La Franz, 1 Id., 226; Olive v. Dougherty, 3 G. Greene, 371; McGregor v. Gardner, ex'r, 14 Iowa, 326; Foote v.…
2Cases cited6 opinions
- Livingston v. LivingstonNew York Court of Chancery · 1817
- Foote v. ColvinNew York Supreme Court · 1808
- MacGregor v. GardnerSupreme Court of Iowa · 1862
- Ratcliffe v. DoughertyCourt of Appeals of Mississippi · 1852
- Sullivan v. McLenansSupreme Court of Iowa · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rowell v. KleinIndiana Supreme Court · 1873
- Morrow v. MatthewIdaho Supreme Court · 1904
- Sinclair v. AllenderSupreme Court of Iowa · 1947
- Andrew v. AndrewSupreme Court of Iowa · 1901
- In re the Estate of KennedySupreme Court of Iowa · 1912
8 more not listed; retrieve them via the Exa API.