¶1The plaintiff alleges in his bill that he sent the money from Cuba to his wife, directing her to purchase a house and land in Boston and to have the deed made to her and in her name, so that, in case of accident or death to him while in Cuba, his wife and children might have a house to live in. The additional averments are, that she was but a nominal purchaser of the house and was acting as agent of her husband; that the property was purchased for him, and belonged to him, and was always treated by him and his wife as his property and not hers; that she did not make claim to it, and that he did not intend to give her any beneficial interest except as his trustee. Taking all these averments together, they do not establish a re-*275suiting trust; and the evidence shows that the plaintiff directed his wife to take the conveyance to herself, one of the reasons he assigned being that she might thereby be enabled to mortgage the property. Bill dismissed.
104 Mass. 274
Cairns v. Colburn
Massachusetts Supreme Judicial Court
Decided March 15, 1870
Massachusetts Supreme Judicial Court · decided 1870-03-15
Bill in equity filed June 26,1869, to establish a resulting trust in favor of the plaintiff in a surplus of the proceeds of the sale of a house and land by a mortgagee, after deducting the amount due on the mortgage and the charges of the sale; which house and land were bought by the plaintiff’s wife in 1863, when the plaintiff was in Cuba, with mopey which he sent to her, and the deed taken in her name subject to the mortgage.
Good law ✅— No negative treatment on recordhow we know
Decided 1870-03-15
How this case has been cited
Cited by 7 later decisions — most recently February 1922
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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