... the holder of the legal title to retain and enjoy the. beneficial interest, equity impresses a constructive trust on the property thus acquired in favor of the one who is truly and equitably entitled to the same, although he may never perhaps have... The Southwestern Reporter - Page 2311915Full view - About this book
| Indiana. Appellate Court - 1903 - 820 pages
...equitably entitled to the same, although he may never perhaps have had any legal estate therein ; and a court of equity has jurisdiction to reach the property...in the hands of the original wrongdoer, or in the Lands of any subsequent holder, until a purchaser of it in good faith and without notice acquires a... | |
| 1905 - 1048 pages
...same, although he may never, perhaps, have had any legal estate therein, and a court of equity Tías jurisdiction to reach the property either in the hands...hands of any subsequent holder, until a purchaser in gootl faith and without notice acquires a higher right, and takes the property relieved from the... | |
| 1905 - 1286 pages
...equitably entitled to the same, although he may never, perhaps, have had any legal Interest therein. * * « The forms and varieties of these trusts, which are termed ex maleficio or ex delicio, are practically without limit. The principle la applied wherever It is necessary for the obtaining... | |
| North Carolina. Supreme Court - 1907 - 888 pages
...the hands of any subsequent holder, until a purchaser in good faith and MANUFACTURING Co. v. SUMMERS. without notice acquires a higher right and takes the property relieved from the trust." See also, Wilson v. Scott, 3 Lans. (NY ), 308. The principle applies, not only to specific property,... | |
| Abraham Clark Freeman - 1910 - 1266 pages
...equitably entitled to the same, although he may never perhaps have had any legal estate therein; and a court of equity has jurisdiction to reach the property,...The forms and varieties of these trusts, which are terms 'ex maleficio' or 'ex delicto,' are practically without limit. The principle is applied wherever... | |
| Missouri. Supreme Court - 1912 - 864 pages
...plaintiffs to establish a constructive trust against him and all persons in privity as to the town lots. "The forms and varieties of these trusts which are...or ex delicto are practically without limit." "The doctrine is often used with great efficacy to prevent the triumph of fraud, and to protect persons... | |
| 1913 - 1324 pages
...property thus acquired in favor of the one who is truly and equitably entitled to the same ; ... and a court of equity has jurisdiction to reach the property,...right, and takes the property relieved from the trust." In saying that "it is only when fraud, actual or constructive, intervenes that equity will permit a... | |
| 1915 - 752 pages
...equitably entitled tu the same, although he may never perhaps have had any legal estate therein; and a court of equity has Jurisdiction to reach the property...relieved from the trust. The forms and varieties of thes? trusts, which are termed ex malehVlo or ex dt-Hcto, are practically without limit. The principle... | |
| United States. Supreme Court - 1922 - 1044 pages
...equitably entitled to the same, although he may never perhaps have had any legal estate therein; and a court of equity has jurisdiction to reach the property...without notice acquires a higher right, and takes the properly relieved from the trust. The forms and varieties of these trusts, which are termed ex maleßcin... | |
| James Henry Malone - 1922 - 630 pages
...equitably entitled to the same, although he may never, perhaps, have had any legal estate therein; and a court of equity has jurisdiction to reach the property either in the hands of the original wrong doer, or in the hands of any subsequent holder, until a purchaser of it in good faith and without... | |
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