Dyer V Dyer

''Dyer v Dyer'' EWHC_Exch_J8
_(1788)_2_Cox__Eq_Cas_92_is_an_ EWHC_Exch_J8
_(1788)_2_Cox__Eq_Cas_92_is_an_English_trusts_law">788
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_trusts_in_English_law.html" ;"title="English_trusts_law.html" ;"title="788
EWHC Exch J8
(1788) 2 Cox Eq Cas 92 is an English trusts law">788
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 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 law
1788 in case law
1788 in Great Britain
Exchequer of Pleas cases