Taylor v. Miles
Oregon Supreme Court
Appeal from Multnomah, county: E.B. Shattuck, judge. This is a suit in equity brought by the plaintiff to quiet title and to bave a trust declared in certain lands described and lying in East Portland standing in the name oí his wife, Elizabeth Taylor, now deceased.
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Appeal from Multnomah, county: E.B. Shattuck, judge. This is a suit in equity brought by the plaintiff to quiet title and to bave a trust declared in certain lands described and lying in East Portland standing in the name oí his wife, Elizabeth Taylor, now deceased. The plaintiff alleges that now and since the sixteenth day of December, 1869, be bas been the owner and in possession of the said property, describing it; that on that day he purchased and paid for said described property and had the legal title to the same conveyed to his wife, Elizabeth Taylor, in trust for himself; that she…
1Opinion of the CourtLord, J.
The question raised by this record is, whether upon the facts the wife of the plaintiff held the property in dispute in trust for him or in her own right as the intended beneficiary of it. Where one purchases an estate and pays for it and takes the title in the name of another, or where one purchases land with the money of another and takes the title to himself, there arises by operation of law a *553resulting trust in favor of him whose money paid for it. Parker v. Hewitt, 18 Or. 274. It rests upon the equitable principle that the property belongs to him who advances the money to pay for it, or…
2Cases cited3 opinions
- Blodgett v. HildrethMassachusetts Supreme Judicial Court · 1870
- Cotton v. WoodSupreme Court of Iowa · 1868
- Parker v. NewittOregon Supreme Court · 1890
3Cited by15 opinions
- Clary v. FlemingMontana Supreme Court · 1921
- Holohan v. McCarthyOregon Supreme Court · 1929
- Barger v. BargerOregon Supreme Court · 1897
- Chance v. GrahamOregon Supreme Court · 1915
- Clarke v. Philomath CollegeOregon Supreme Court · 1920
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