Dyer v Dyer [1788] EWHC Exch J8, (1788) 2 Cox Eq Cas 92 is an English trusts law case which held that where property is purchased by one person in the name of another there is the presumption of a resulting trust.
A person provided money to purchase a legal estate in land in the name of another person, and there was no evidence that the purchaser intended to advance a loan or make a gift. It was therefore assumed that the legal title holder holds the property on resulting trust for the person who provided the funds.
Judgmentedit
Eyre CB stated "the trust of a legal estate, whether freehold, copyhold, or leasehold; whether taken in the names of the purchasers and other jointly, or in the names of others without that of the purchaser; whether in the one name or several; whether jointly or successive - results to the man who advances the purchase-money".
dyer, dyer, 1788, ewhc, exch, 1788, english, trusts, case, which, held, that, where, property, purchased, person, name, another, there, presumption, resulting, trust, courtexchequer, courtdecided27, november, 1788citation, 1775, 1802, 1788, 1788, ewhc, exch, j. Dyer v Dyer 1788 EWHC Exch J8 1788 2 Cox Eq Cas 92 is an English trusts law case which held that where property is purchased by one person in the name of another there is the presumption of a resulting trust Dyer v DyerCourtExchequer CourtDecided27 November 1788Citation s 2 Cox Eq Cas 92 1775 1802 All ER Rep 205 1788 2 RR 14 30 ER 42 1788 EWHC Exch J8Court membershipJudge s sittingL C Baron B Hotham B Thompson Contents 1 Facts 2 Judgment 3 See also 4 Notes 5 ReferencesFacts editA person provided money to purchase a legal estate in land in the name of another person and there was no evidence that the purchaser intended to advance a loan or make a gift It was therefore assumed that the legal title holder holds the property on resulting trust for the person who provided the funds Judgment editEyre CB stated the trust of a legal estate whether freehold copyhold or leasehold whether taken in the names of the purchasers and other jointly or in the names of others without that of the purchaser whether in the one name or several whether jointly or successive results to the man who advances the purchase money See also editEnglish property lawNotes editReferences edit Retrieved from https en wikipedia org w index php title Dyer v Dyer amp oldid 1083097503, wikipedia, wiki, book, books, library,
