Indiana Code
Ind. Code § 30-1-9-8 (2026)
Resulting trust; absolute conveyance without consent
✓ current as of May 2026
Sec. 8. The provisions of the section next before the last, shall not extend to cases where the alienee shall have taken an absolute conveyance in his own name, without the consent of the person with whose money the consideration was paid; or where such alienee, in violation of some trust, shall have purchased the land with moneys not his own; or where it shall be made to appear that, by agreement, and without any fraudulent intent, the party to whom the conveyance was made, or in whom the title shall vest, was to hold the land or some interest therein in trust for the party paying the purchase-money or some part thereof.
Formerly: Acts 1852, 1RS, c.113, s.8.
Notes of Decisions
Cited in 3
cases, 1980–1981 · leading case: Criss v. Bitzegaio, 420 N.E.2d 1221 (Ind. 1981).
Criss v. Bitzegaio, 420 N.E.2d 1221 (Ind. 1981). “There was a fair agreement between the parties which was free from fraud and was made before title to the property was acquired.”
Workman v. Douglas, 419 N.E.2d 1340 (Ind. Ct. App. 1981). “Betty filed a counterclaim upon a theory of a resulting trust under Ind.Code 30-1-9-8 alleging there was an oral contract to purchase the home for $15,000, payment of $1,000 down, and $96.”
Criss v. Bitzegaio, 402 N.E.2d 1279 (Ind. Ct. App. 1980). “Code 30-1-9-6 provides: When a conveyance for a valuable consideration is made to one person, and the consideration therefore paid by another, no use or trust shall vest in the former, subject to the provisions of the next two sections.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.