51 S.C. 37 | S.C. | 1897
The opinion of the Court was delivered by
Plaintiff brought this action for the recovery of a lot, in the town of Yorkville, known as the Baptist Church lot, into possession of which defendant entered under a deed of the deacons of the Yorkville Baptist Church, dated October 16th, 1895. The jury found for the plaintiff on the issues submitted to them on the law side of the Court. This appeal is from the decree of the Circuit Court overruling the equitable defense presented, viz: that, while the deed was taken in the name of the plaintiff, the purchase was made with money belonging to the defendant’s grantor, the Yorkville Baptist Church, and that thereby a resulting trust therein exists in favor of said church.
The defendant is entitled to a decree declaring .a resulting trust in the lot in question in favor of his grantors, the Yorkville Baptist Church, as having furnished the purchase money thereof, which interest passed to the defendant under the deed of said church through its officers.
The decree of the Circuit Court is reversed, and the case