 | Great Britain. Court of Chancery, Robert Henley Eden Baron Henley - Equity - 1827 - 594 pages
...in the name of another: in that case the bill charges that the estate was bought with the plaintiffs money. If the defendant says he borrowed it of the...establish the one by parol, I establish the other also. Were I to allow this evidence, I do not know a case where the statute would have effect. The judges... | |
 | Frederick Thomas White, Owen Davies Tudor - Equity - 1859 - 924 pages
...trust of land unless by memorandum in writing, except such trusts as arise by operation o/ ''!«•. Where money is actually paid, there the trust arises...if it was not lent, the plaintiff bought the land : bat as here the trust depends on the agreementi if I establish the one by parol, I establish the... | |
 | William Fischer Agnew - Statute of frauds - 1876 - 612 pages
...allowing this evidence would be to overturn the statute. The statute says there shall be no trust of land unless by memorandum in writing, except such trusts...other also If the plaintiff had paid any part of the purchase-money, it would have been a reason for me to admit the evidence ; or if there had been any... | |
 | Frederick Thomas White - Equity - 1876 - 726 pages
...overturn the statute. " The statute," observe? his Lordship, "says that there shall be no trust of land unless by memorandum in writing, except such trusts...if it was not lent, the plaintiff bought the land: hut as here the trust depends on the agreement, if I establish the one by parol, I establish the other... | |
 | Canada - 1885 - 648 pages
...another. Here the bill charges that the estate was bought with the plaintiffs money. If the defendant say he borrowed it of the plaintiff then the proof will be whether the money were lent or hot. If it were not lent then the plaintiff bought the land " (p). What the Lord Keeper... | |
 | William Fischer Agnew - Trusts and trustees - 1882 - 638 pages
...operation of law. Where money is actually paid, there the trust arises from the payment of the money, not from any agreement of the parties. But this is...not; if it was not lent, the plaintiff bought the laud ; but as here the trust depends on the agreement if 1 establish the one by parol, I establish... | |
 | William Fischer Agnew - Trusts and trustees - 1882 - 632 pages
...conveyance taken in the name of another ; in that case the bill charges that the estate was I'tiught with the plaintiff's money. If the defendant says...not ; if it was not lent, the plaintiff bought the laud ; but as here the trust depends on the agreement if I establish the one by parol, I establish... | |
 | Canada - 1885 - 652 pages
...is not like the case of money paid by one man, and a conveyance taken in the name of another. Here the bill charges that the estate was bought with the plaintiff's money. If the defendant say he borrowed it of the plaintiff then the proof will be whether the money were lent or not. If it... | |
 | Law reports, digests, etc - 1890 - 1134 pages
...this evidence would be to overturn the statute. The statute says that th"re shall be no trust of land, unless by memorandum in writing, except such trusts...on the agreement, if I establish the one by parol 1 establish the other also." This opinion has received the cordial approval of Kent and Story, and... | |
 | Franklin Hubbell Mackey, District of Columbia. Supreme Court - Law reports, digests, etc - 1883 - 636 pages
...overturn the statute. " The statute," said his lordship, " says that there shall be no trust of land unless by memorandum in writing, except such trusts...the proof will be whether the money was lent or not ; but as here the trust depends on the agreement, if I establish the one by parol, I establish the... | |
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The statute says there shall be no trust of land unless by memorandum in writing, except such trusts as arise by operation of law. Where money is actually paid, there the trust arises from the payment of the money, and not from any agreement of the parties.... 