 | James Hill - 1845 - 704 pages
...circumstances of a transaction are such, that the person, who takes the legal estate in property, cannot also enjoy the beneficial interest, without necessarily...in equity are entitled to the beneficial enjoyment. These constructive trusts may be separately considered under two distinct classes of cases : one where... | |
 | Alexander Mansfield Burrill - 1859 - 736 pages
...circumstances of a transaction are such that the person who takes the legal estate in property, cannot also enjoy the beneficial interest without necessarily...entitled to the beneficial enjoyment. Hill on Trustees, 116. 1 Spence's Chancery, 511. CONSTRUE, [from Lat. construire.] To put together; to arrange or marshal... | |
 | 1880 - 682 pages
...Id., 194, KadEillon Trustees, 116, that where a person, taking the legal estate in property, cannot enjoy the beneficial interest without necessarily...Court will immediately raise a constructive trust. Suppose this branch, or any other portion of the provincial property, had been under lease or agreement... | |
 | Benjamin Russell, M.A. - 1880 - 678 pages
...Id., 194, and Hill an Trustees, 116, that where a person, taking the legal estate in property, cannot enjoy the beneficial interest without necessarily...Court will immediately raise a constructive trust. Suppose this branch, or any other portion of the provincial property, had been under lease or agreement... | |
 | 1883 - 1674 pages
...circumstances of a transaction are such that the person who takes the legal estate in property cannot also enjoy the beneficial interest, without necessarily...equity, are entitled to the beneficial enjoyment." Upon this principle the vendor of real estate is treated as trustee of the title for the purchaser;... | |
 | United States. Supreme Court - 1883 - 890 pages
...circumstances of u transaction are such that the person who takes the legal estate in property cannot also enjoy the beneficial interest, without necessarily...equity, are entitled to the beneficial enjoyment." Upon this principle the vendor of real estate is treated as trustee of the title for the purchaser... | |
 | United States. Supreme Court - 1883 - 1004 pages
...circumstances of a transaction are such that the person who takes the legal estate in property cannot also enjoy the beneficial interest, without necessarily...the legal owner, so as to convert him into a trustee gfor the parties who, in equity, are entitled to the beneficial enjoy?ment." Upon this principle the... | |
 | United States. Supreme Court - 1886 - 1086 pages
...of a transaction are such that the person who takes the legal estate in property cannot also enjoy_ the beneficial inter•est, without necessarily violating...him into a trustee for the parties who, in equity, aru entitled to the beneficial enjoyment." Upon this principle, the vendor of real [358] estate is... | |
 | California. Supreme Court - 1887 - 784 pages
...circumstances of a transaction are such that the person who takes the legal estate in property cannot also enjoy the beneficial interest without necessarily...are entitled to the beneficial enjoyment." (Hill on Trust. 144.) The same author arranges constructive trusts into two classes: "the one where the acquisition... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1887 - 654 pages
...elementary. "Whenever the circumstances are such that a person who takes the legal estate in property cannot also enjoy the beneficial interest without necessarily...equity, are entitled to the beneficial enjoyment." (Willard Eq. 599.) The same author on the ram,e pa<je classes constructive trusts as follows : " First,... | |
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whenever the circumstances of a transaction are such that the person who takes the legal estate in property cannot also enjoy the beneficial interest, without necessarily violating some established principle of equity, the court will immediately raise... 
