Resulting Use

A use raised by equity for the benefit of a feoffor who has made a voluntary conveyance to uses without any declaration of the use.

2 Washb. Real Prop. 100.

The doctrine, at first limited to the case of an apparently voluntary conveyance with no express declaration, became so exshould enjoy the beneficial interest therein; and if no intent to the contrary was expressed, and no consideration proved or implied, the use always resulted to the feoflfor.

2 Washb. Real Prop. 100.

And if part only of the use was expressed, the balance resulted to the feoffor.

2 Atk. 150; 2 Rolle, Abr. 781; 1 Spence, Eq. Jur. 451; Co. Litt. 23a.

And, under the statute, where a use has been limited by deed, and expires, or cannot vest, it results back to the one who declared it.

4 Wend. (N. Y.) 494; 15 Me. 414; 5 Watts & S. (Pa.) 323; 3 Johns. (N. Y.) 388. And see Cro. Jac. 200; White & T. Lead. Cas. 258; 2 Washb. Real Prop. 132 et seq.

See "Use."

See Use.