Ky. Rev. Stat. » Chapter 381

Ky. Rev. Stat. § 381.170

Consideration paid by other than grantee -- Effect

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When a deed is made to one (1) person, and the consideration is paid by another no use or trust results in favor of the latter unless the grantee takes a deed in his own name without the consent of the person paying the consideration, or unless the grantee in violation of a trust purchases the lands deeded with the effects of another person. Such deeds are fraudulent as against the existing debts and liabilities of the person paying the consideration. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2353, 2354.

Notes of Decisions
Cited in 24 cases, 1942–1997 · leading case: Rakhman v. Zusstone
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Rakhman v. Zusstone (1997) ky “While I agree with the gift analysis set forth in the majority opinion, I believe this ease is controlled by KRS 381.170, which states as follows: When a deed is made to one person, and the consideration is paid by another no use or trust results in favor of the latter unless…”
Kitchen v. Fischer (1943) kyctapphigh · cites it 2× “Fischer insists that $6,000 of her money went into the home property when he purchased it in 1911. However, it is unnecessary to go into that as she allowed the deed to he taken in her husband’s name where it remained until he conveyed the property to her in 1934, therefore…”
Horn v. Horn (1978) kyctapp “The resulting trust abolished by KRS 381.170 is one arising from the naked fact that a person has furnished consideration to buy land while title to that land is taken by another, without any agreement as to use.”
Gibson v. Gibson (1952) kyctapp · cites it 2× “At the outset, appellant argues that no trust resulted in favor of Wesley, relying upon KRS 381.170, which reads as follows: “When a deed is made to one person, and the consideration is paid by another no use or trust results in favor of the latter unless the grantee takes a…”
Wilson v. St. Clair (1955) kyctapp · cites it 2× “The appellants urge that the terms of KRS 381.170 must be applied since Mr. Coon voluntarily placed title to the property in the name of his daughter and son-in-law and they did not procure the title without his consent or by fraud.”
Appleby v. Buck (1961) kyctapphigh “KRS 381.170 expressly recognizes that a trust may result if a grantee takes title without consent of the person paying the consideration.”
Evans v. Payne (1953) kyctapphigh “The kind of equitable resulting trust abolished by KRS 381.170 is one arising upon the naked fact that one furnishes the consideration to buy land while the title thereto is taken by another, without any agreement as to the use or the trust.”
Bryant's Adm'r v. Bryant (1954) kyctapphigh “It is well settled in this state that a person does not acquire an interest in property solely because the property in question was purchased with funds belonging wholly or in part to such person.”
Morris v. Thomas (1949) kyctapphigh “*502 The appellant argues that (1) her demurrer to the petition should have been sustained, (2) the evidence does not support the judgment, and (3) she should have been permitted to take additional proof.”
Schumann v. Crook (1943) kyctapphigh “, KRS 381.170, which declares,, in effect, that when a grantee of a deed shall have taken, title in his own name without consent of the person paying the consideration, or when one in violation of' some-trust shall have purchased land with money of another, a trust results in…”
Dotson v. Dotson (1948) kyctapphigh “He makes no claim for the relief sought on the ground of a resulting trust in his favor because of his having paid the consideration for the conveyed land, since under KRS 381.170 he was prevented from doing so.”
Glass v. Gutman (1954) kyctapp · cites it 2× “96, to support his contention. *412 However, the common-law rule that when a deed is made conveying land to one person and the consideration is paid by another a trust results in favor of the one paying the consideration has been changed by KRS 381.”
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