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Dyer V Dyer
''Dyer v Dyer'' 788EWHC 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 trusts in English law">resulting trust. Facts 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. Judgment 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". See also *English property law Notes {{Reflist, 2 References * English property case la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Trusts Law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and fun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Resulting Trusts In English Law
Resulting trusts in English law are trusts created where property is not properly disposed of. It comes from the Latin ''resultare'', meaning to spring back, and was defined by Megarry VC as "essentially a property concept; any property that a man does not effectually dispose of remains his own". These trusts come in two forms: automatic resulting trusts, and presumed resulting trusts. Automatic resulting trusts arise from a "gap" in the equitable title of property. The equitable maxim "equity abhors a vacuum" is followed: it is against principle for a piece of property to have no owner. As such, the courts assign the property to somebody in a resulting trust to avoid this becoming an issue. They occur in one of four situations: where there is no declaration of trust, where an express trust fails, where there is surplus property, or upon the dissolution of an unincorporated association. Rules differ depending on the situation and the type of original trust under dispute; faile ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Property Law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four main topics: *English land law, or the law of "real property" *English trusts law * English personal property law *United Kingdom intellectual property law Property in land is the domain of the law of real property. The law of personal property is particularly important for commercial law and insolvency. Trusts affect everything in English property law. Intellectual property is also an important branch of the law of property. For unregistered land see Unregistered land in English law. Real property *Statute of Quia Emptores 1290 *'' R v Earl of Northumberland'' (1568), known as the ''Case of mines'' *Law of Property Act 1925, Land Registration Act 1925 (see also, Land Registration Act 1862) *Land Registration Act 2002 and HM Land Re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Property Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1788 In Case Law
Events January–March * January 1 – The first edition of ''The Times'', previously ''The Daily Universal Register'', is published in London. * January 2 – Georgia ratifies the United States Constitution, and becomes the fourth U.S. state under the new government. * January 9 – Connecticut ratifies the United States Constitution, and becomes the fifth U.S. state. * January 18 – The leading ship (armed tender HMS ''Supply'') in Captain Arthur Phillip's First Fleet arrives at Botany Bay, to colonise Australia. * January 22 – the Congress of the Confederation, effectively a caretaker government until the United States Constitution can be ratified by at least nine of the 13 states, elects Cyrus Griffin as its last president.''Harper's Encyclopaedia of United States History from 458 A. D. to 1909'', ed. by Benson John Lossing and, Woodrow Wilson (Harper & Brothers, 1910) p167 * January 24 – The La Perouse expedition in the ''Astrolabe'' and '' Boussole'' arrives ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1788 In Great Britain
Events from the year 1788 in Great Britain. Incumbents * Monarch – George III * Prime Minister – William Pitt the Younger (Tory) * Parliament – 16th Events * 1 January – first edition of ''The Times'' published under this title (previously ''The Daily Universal Register''). * 9 January – Association for Promoting the Discovery of the Interior Parts of Africa founded. * 18 January – Captain Arthur Phillip's ship arrives at Botany Bay. * 26 January – eleven ships of First Fleet from Botany Bay led by Arthur Phillip land in what would become Sydney, Australia. Britain establishes the prison colony of New South Wales, the first permanent European settlement on the continent. * 31 January – Henry Benedict Stuart, Cardinal-Bishop of Frascati, becomes the new titular Stuart claimant to the throne of Great Britain as King Henry IX and the figurehead of Jacobitism. * 13 February – former Governor-General of India Warren Hastings impeached by the House of Lords for mi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
