FOWLER v. SCOTT


8 N.J. Super. 490 (1950)

73 A.2d 278

FRANK FOWLER, PLAINTIFF, v. AGNES SCOTT AND JOHN NICKERSON, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided May 16, 1950.


Attorney(s) appearing for the Case

Mr. Stanley S. Dickerson, for the plaintiff.

Mr. John E. Mullane, for the defendants.


JAYNE, J.S.C.

During the fifteenth and sixteenth centuries the custom became prevalent for landowners in England to have the legal title held by others for their use. That practice generated the implication that when a person purchased land and accepted title in the name of another, the latter was expected to hold to the use of the former. The use which thus arose from the presumed intention of the transferor or purchaser was denominated a resulting trust. The presumption...

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