
    TEAR v. MATHEWS.
    Resulting trust — voluntary conveyance — cloud upon title prevented as well as removed.
    Where one buys land for another and with his money, and the deed by mistake is made to the agent purchasing instead of his principal, the agent may afterwards convey to his principal without consideration, and though he be embarrassed at the time, the conveyance is good.
    A levy upon a man’s real estate as the property of another, and the proceeding to sell at the sheriff’s sale, is calculated to embarrass and throw a cloud over the title, and will be enjoined in chancery.
    In Chancery. The complainant alleges that he is the owner, and is in possession of a lot-of land, which the defendant claims to belong to another person, and has levied upon the property of another, and is about to sell as such, which will embarrass his title. He prays an injunction. The defendant admits the levy and the complainant’s possession, but claims that the conveyance to the complainant is fraudulent.
    
      J. H. Paine for the complainant.
    
      P. Hitchcok and S. Mathews for the defendant.
   *BY THE COURT.

It appears that the purchase of this [372 property was made by William Tear, for John, and paid for with John’s money, but because the deed was drawn by mistake to William, the purchaser, to avoid the trouble of drawing a new deed, accepted it, and William afterwards conveyed to John, without pay. William being in debt, it is claimed the conveyance is fraudulent and void. The parties are ignorant foreigners. We see no evidence of fraud on the part of the complainant, or anything to warrant the defendant’s levy. The proceeding by the defendant is calculated to cloud and embarrass the title of the complainant, and may be restrained upon the authority of several decisions, as well as enjoined; 3 O. 216; 5 O. 267. We find the land the property of the complainant, and perpetually enjoin the defendant from proceeding against it upon his levy.  