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A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

court. Fleta, lib.

6,c. 21.

In the ecclesiastical law, this name is sometimes given to a proctor.

RESULTING ‘1 RUSTS, estates.

Resulting, implied or constructive. trusts, are those which arise in cases where it would be contrary to the principles of equity that he in whom the property becomes vested, should hold it otherwise than as a trustee. As an illustration of this description of a resulting trust, may be mentioned the case of a contract made for the purchase of a real estate; on the completion of the contract, a trust immediately results to the purchaser, and the vendor becomes a trustee for him till the conveyance of the legal estate is made. Again, when an estate is purchased in the name of one person, and the purchase money is paid by another, there is a resulting trust in favour of the person who gave or paid the consideration.

Willis on Tr. 55; 1 Cruise, Dig. tit. 12, 8. 40,41; Ch. Ca. 39; 9 Mod. 78; 7 Ves. 725;'3 Hen. & Munf. 367; 1 Supp. to Ves. jre 11; Pow. Mortg. Index, h. t.