Section 15 Equity Imputes an Intent to Fulfill an Obligation

• Library: Remedies 2006

This maxim is a specialization of the preceding maxim, and is applied in limited circumstances, recognized in Missouri as “resulting trusts,” Davis v. Roberts, 295 S.W.2d 152 (Mo. banc 1956), and enforced:

“A resulting trust arises where a person makes or causes to be made a disposition of property under circumstances which raise an inference that he does not intend that the person taking or holding the property should have the beneficial interest therein, unless the inference is rebutted or the...