What is the test for establishing that the trust of a legal estate, whether in one name or several, results to the man who advances the purchase-money?

Saskatchewan, Canada


The following excerpt is from Mercer v. Kingston, 1986 CanLII 3202 (SK QB):

The plaintiff relies on the principle, well established, stated by Chief Baron Eyre in Dyer v. Dyer (1788), 30 E.R. 42, at p. 43: “The clear result of all the cases, without a single exception, is that the trust of a legal estate, whether freehold, copyhold, or leasehold, whether taken in the names of the purchasers and others jointly, or in the name of others without that of the purchaser, whether in one name or several, and whether jointly or successively, results to the man who advances the purchase-money. This is a general proposition supported by all the cases, and there is nothing to contradict it; and it goes on a strict analogy to the rule of the common law, that where a feoffment is made without consideration, the use results to the feoffor. It is the established doctrine of a court of equity that this resulting trust may be rebutted by circumstances in evidence.”

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