Is there a resulting trust in the purchase of timber berths?
Saskatchewan, Canada
The following excerpt is from Marshall v. Hett & Sibbald, Limited, 1932 CanLII 209 (SK CA):
The timber berths in question were purchased by the defendants at the request of the plaintiff and with the plaintiff’s money; it is true the money was advanced by the defendants but the plaintiff’s account was charged with the amounts advanced and he ultimately repaid the sums to the defendants Under the circumstances there is a resulting trust, the presumption being that the property in the berths was in the person who furnished the moneys. The rule is stated in the leading case of Dyer v. Dyer (1788) 2 Cox 92, 30 E.R. 42 as follows: 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 names of others without that of the purchaser; whether in one name or several; whether jointly or successive, results to the man who advances the purchase-money * * *
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a subsequent purchaser of the legal estate have to pay the full consideration of the purchase, even after the purchase was completed, if the subsequent purchaser has paid the entire amount of consideration, even though the previous purchaser had a prior equitable interest in the property? (Saskatchewan, Canada)
Is a purchaser bound by the provision in an agreement that "the purchaser accepts the purchaser's title to the said land"? (Saskatchewan, Canada)
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)
Is a vendor legally bound to make an offer to a purchaser of land that is not for sale to the purchaser at a price agreed upon? (Saskatchewan, Canada)
What is the test for presumption of resulting trust? (Saskatchewan, Canada)
What is the test for establishing that if one person buys property but conveys it into another person's name or into his name, that other person becomes resulting trustee for the purchaser? (Saskatchewan, Canada)
In what circumstances will a vendor's relation with the purchaser of an estate under a contract be considered to be that of a trustee and cestui que trust? (Saskatchewan, Canada)
Is it appropriate to dismiss a store manager who purchased large items without recording the purchases? (Saskatchewan, Canada)
When a vendor contracts to sell to a purchaser an agreement for a lease and the purchaser subsequently repudiates the contract, can the vendor continue to exercise its right to exercise that right? (Saskatchewan, Canada)
When realty is given upon trust for sale and blended with personalty, and there is a trust to pay debts, funeral and testamentary expenses, are personalty or realty liable rateably? (Saskatchewan, Canada)
