¶1It appears that the purchase of this [372 property was made by William Tear, for John, and paid for with John’s money, but because the deed was drawn by mistake to William, the purchaser, to avoid the trouble of drawing a new deed, accepted it, and William afterwards conveyed to John, without *380pay. William being in debt, it is claimed the conveyance is fraudulent and void. The parties are ignorant foreigners. We see no evidence of fraud on the part of the complainant, or anything to warrant the defendant’s levy. The proceeding by the defendant is calculated to cloud and embarrass the title of the complainant, and may be restrained upon the authority of several decisions, as well as enjoined; 3 O. 216; 5 O. 267. We find the land the property of the complainant, and perpetually enjoin the defendant from proceeding against it upon his levy.
1 Wright 371
Tear v. Mathews
Decided August 15, 1883
Ohio Supreme Court · decided 1883-08-15
<p>Resulting trust — voluntary conveyance — cloud upon title prevented as well as removed.</p> <p>Where one buys land for another and with his money, and the deed by mistake is made to the agent purchasing instead of his principal, the agent may afterwards convey to his principal without consideration, and though he be embarrassed at the time, the conveyance is good.</p> <p>A levy upon a man’s real estate as the property of another, and the proceeding to sell at the sheriff’s sale, is calculated to embarrass and throw a cloud over the title, and will be enjoined in chancery.</p>
Decided 1883-08-15