Dana v. Dana

• Decision Date: 24 October 1891
• Citation: 28 N.E. 905,154 Mass. 491
• Parties: DANA v. DANA et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

154 Mass. 491

28 N.E. 905

DANA v. DANA et al.

Supreme Judicial Court of Massachusetts, Worcester.

October 24, 1891

COUNSEL

C.A. Merrill, for appellants.

H.L Parker, for appellee.

OPINION

HOLMES, J.

This is a bill to establish a resulting trust in land conveyed to the principal defendant's ancestor, E. Beaman Dana, and to compel a conveyance. The superior court made a decree for the plaintiff, and the defendants appealed. The facts as found by the master, and shown by the evidence reported by him, are that the purchase was made by E. Beaman Dana to be paid for and paid for in fact, in brick manufactured by and belonging to E. Beaman Dana's father, Ebenezer Dana. The evident purpose of the purchase was to use the place in connection with the adjoining farm and brick-yard owned by Ebenezer Dana. It was used in that manner by Ebenezer Dana during his life-time, and after his death by his two sons, E. Beaman Dana and the plaintiff. The question presented is simply a question of fact, whether enough appears to rebut the presumption of a resulting trust in favor of the party who furnished the purchase money. The fact relied on is that the party who paid was the father of the grantee, but this is...