Nichols v. Thornton
Cases that cite this one
5 later published cases cite this decision.
- East St. Louis Lumber Co. v. Schnipper (Ill. 1923)
- Crawford-Adsit Co. v. Bell (Ill. App. Ct. 1901)
- Gage v. Eggleston (Ill. App. Ct. 1888)
- Bonnell v. Lewis (Ill. App. Ct. 1878)
- Eaton v. Warren (Ill. 1867)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Thornton filed this bill for a conveyance of three lots, which he alleged were purchased by the deceased with his means. The minors answered by their guardian ad litem, and a default taken as to the administrator. Proofs were heard and a decree that the deceased held the lots in trust, that the same be conveyed to complainant by a commissioner. The objections raised upon the assignment of error are, that the decree was rendered without evidence, against evidence, without preserving the evidence in the record, and without written evidence of the trust.
The bill sets up a case of a resulting trust, and this cannot be by a written declaration. It may be shown by parol evidence of the ownership of the consideration paid for the land. The facts necessary to sustain this decree are recited in the decree itself, setting forth the proofs, though the evidence is not preserved at large in the record. This brings the case within the rule laid down in White v. Morrison et al. 11 Ill. 361. Ward v. Owens et al. 12 Ill. 283.
Decree affirmed.
Decree Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.