Scanlon v. Scanlon

Leo H. Scanlon brought this action in the circuit court of Kankakee County against his wife, Ida Scanlon, to establish a resulting
trust in one half of an improved parcel of real estate in the city of Kankakee, and a constructive trust in the sum of $3500,
which she withdrew from their joint savings account. A decree was entered finding that plaintiff had failed to prove by a
preponderance of the evidence the existence of a resulting trust but that defendant should account for one half of the money
withdrawn from the joint account. Plaintiff appeals from the portion of the decree relating to the real estate; defendant
cross appeals from the portion awarding plaintiff a money judgment of $1750. A freehold is involved. Plaintiff and defendant have been married since 1919. They have no children. In the early years of their marriage, plaintiff
was a tenant farmer, and defendant helped with the work on the farm. His property then consisted principally of farm implements
and horses. A bank obtained a judgment against plaintiff and defendant on a note, and in 1932 each was adjudicated a bankrupt.
The bankruptcy proceedings were not completed and neither was ever discharged. They did, however, eventually pay all their
creditors in full. Before moving to Kankakee in 1935, plaintiff realized $2200 from a farm sale. Of the proceeds of that sale,
$1600 was used as the down payment on the purchase of a house in Kankakee in August of 1936. To complete the transaction,
plaintiff borrowed $2000, the balance of the purchase price, from his father-in-law.