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 EDITORIAL DEPARTMENT

365

distinct from either. The author believes that already been pointed out, the resulting- trust they should be regarded as real trusts being is not a form of constructive trust as above trusts implied in fact analogous to contracts defined, the decisions holding that there is no implied in fact in the law. resulting trust in the case under consideration "The importance of distinguishing this, the are not inconsistent with the existence of a resulting trust, as something essentially dif constructive trust in A's favor, if upon accepted ferent in nature and origin from the con principles of equity some basis for raising such structive trust, or trust imposed by operation a trust should be found, since constructive of law, becomes more apparent upon consider trusts, i.e., trusts arising ex maleficio are conation of the relation of the Statute of Frauds cededly not within the Statute. to the case under consideration, namely, when "In the precisely analogous cases of money, A conveys property to B upon a parol trust property or service given by one in performance for the grantor. Before the Statute of Uses of his contract, the performance of which on such a case would have been a typical case the other side cannot be enforced by him be of resulting use, which was prinia facie estab cause of the Statute of Frauds, a different result lished by proof of the conveyance to B with has been reached, and one which it is believed out consideration. Since the resulting trust is is more consistent with principle. not within the prohibition of the Statute of "The general tendency of the courts, there Frauds, the fact that there was no written fore, in those jurisdictions which have failed declaration of trust would seem to be immate to find the constructive trust in the case rial, and since B can offer no affirmative proof supposed, has been to reach in a great number of an intention that no trust was to result to of cases by indirection, a result which the A, A should logically be allowed to establish English courts and the courts in a few of the the trust by the same means and with the United States have reached directly by a logical same facility after as before the enactment of application of the principles of equity, accepted the Statute. Such would undoubtedly have and applied in analogous cases, and while cor been the law, were it not for the anomalous rect results reached by inadmissible methods result reached by the decisions which establish are sometimes to be desired, it is to be hoped that in the case of a conveyance without con that in jurisdictions where this case may arise sideration the resulting trust has disappeared as a case of novel impression, it will receive from our law, although in the case where A the careful consideration which it deserves, purchased land from a third person, who, at and its final disposition be governed by A's request conveys it to B, a volunteer, it is principles controlling courts of equity in analo held that a trust still results to A, which is not gous cases, and leading to a more just result within the operation of the Statute of Frauds. than has been reached by the courts in the "The fact, however, that the voluntary majority of jurisdictions." gift from A to B does not raise a resulting USURY. " The Construction of the Money trust should not preclude A from recovery upon the theory that there is a quasi or con lenders' Act, 1900," by L. J. Sturge, Law structive trust in his favor. Since, as has Quarterly Review (V. xxii, p. 213).