Stevens v. Stevens
Cases that cite this one
1 later published case cites this decision.
- In re Foss (District Court, D. Maine 1906)
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
It is undoubtedly a well established principle in equity that in ordinary cases when land is conveyed to one person on the payment of the consideration by another, a resulting trust will be presumed in favor of him who pays the consideration.
When, however, the purchase is made by a husband and the conveyance is to the wife, this principle does not apply, but the presumption is, that it was intended for the benefit of the wife. 2 Story’s Eq. Jur., § 1204. Whitten v. Whitten, 3 Cush. 197. Spring v. Hight, 22 Maine, 408.
Hence, in this case the burden of proof rests upon the plaintiff not only to overcome this presumption, but to establish the trust relied upon in his bill. An examination of the testimony, assuming its admissibility, shows a preponderance in favor of the presumption.
Bill dismissed with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.