Report No. 57

3.4. English rule based on presumption.-

Primarily, the English rules on the subject are based on the intention of the parties. Upon similar grounds i.e., on the ground of intention, where a man buys land in the name of another, and pays the consideration money,1 there is a resulting trust in his favour.

As has been stated,2 "The clear result of all the cases, is" that "the trust of a legal estate, whether freehold, copyhold, or leasehold; whether, taken in the names of the purchaser and others jointly, or in the name of others, without the purchaser; whether in one name or several; whether jointly or successively (successive), results to the man who advances the purchase-money. This is a general proposition, supported by all the cases, and there is nothing to contradict it. And it goes on a strict analogy to the rule of the common law, that, where a feoffment is made without consideration, the use results to the feoffor".

1. Rider v. Kidder, 10 Ves 360.

2. Dyer v. Dyer, (1788) 2 Cox 92 (93) (Eyre CB).