Johns v. Carroll

Page, J., delivered the opinion of the Court. The purpose of this proceeding is to procure a decree of the Court providing for the conveyance of the certain tracts of land described in the bill which in 1893 and 1899 were respectively conveyed to one Delilah Johnson. It is contended by the appellee that the purchase money for these two parcels of land, was paid by the complainant and that by reason thereof a trust resulted in his favor, which entitles him to the decree he is seeking to procure. The law applicable to such a case as this, is not subject to doubt in this State.

When it is clearly shown that one has purchased an estate and paid the purchase money therefor but has taken a deed in the name of another, a trust results by construction of law in favor of the party who has so paid. The payment of the money which is the foundation of the trust can be proved by parol, but the proof of it must be clear and positive. Dorsey v. Clark, 4 H. & J. 551 ; Dryden v. Hanway, 31 Md. 254 ; Plummer v. Jarman, 44 Md. 632 ; Groff v. Rohrer, 35 Md. 336 . The questions involved here can therefore be resolved into this — does the evidence clearly establish the fact that Samnel Carroll paid the purchase-money for the property out of his own money, although the deeds were taken in the name of Delilah Johnson?

These deeds were made respectively in the years 1893 and 1899. The proof that the money paid was the property of Samuel Carroll, seems to be quite unsatisfactory. There was nothing said or done at the time of the transaction which indicates with precision where the ownership