The equitable principle of resulting trusts was carefully stated by Lord Chief Baron [Eyre] in Dyer v. Dyer (1788), 2 Cox 92, 30 E.R. 42 at 43: The clear result of all the cases, without a single exception, is, that 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 name 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. See also Elford v. Elford, supra, especially Duff J., at p. 341, who said: The respondent was the registered owner of the lands under dispute. She had given her husband a power of attorney conferring upon him a wide general authority to deal with them, but this general authority did not embrace the power to execute a conveyance in favour of the agent himself. Any attempt to acquire a title by such a use of authority vested in him would be a fraud upon the power. Prima facie, therefore, the wife is entitled to have the husband declared trustee for her.
"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.