Dyer v Dyer
1788 · (1788) 2 Cox Eq Cas 92
Posted By lanbuk.com
- Facts
- A father bought land in the names of himself, his wife and his younger son.
- Issue
- Who owned the land in equity?
- Held
- Eyre CB held that the results to the person who provides the purchase money, unless a applies. Here the son was advanced.
- Principle
- The beneficial interest presumptively results to whoever pays the purchase money.
- Why it matters
- It is the classic statement of the purchase money .
Words and Latin in this note
- Presumption of advancement
- The old presumption that a transfer from a father to his child, or a husband to his wife, was a gift. It displaces the presumption of resulting trust and is now weak. Open the note.
- Resulting trust
- A trust under which the beneficial interest goes back to the person who provided the property, because he is presumed not to have meant a gift, or because an express trust did not use up the whole interest. Open the note.
- Trust
- An arrangement in which a trustee holds property at law but must use it for beneficiaries, or for a charitable purpose. The beneficiaries have the equitable interest. Open the note.
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