(DOWNLOAD) "State Ex Rel. Costello v. District Court" by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Costello v. District Court
- Author : Supreme Court of Montana
- Release Date : January 13, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
1. Appeal and Error — Trial without Jury — Findings — When Conclusive — When Implied. In a cause tried without a jury (suit to quiet title) the findings of the trial judge will be accepted by the Supreme Court on appeal if there is substantial evidence in the record to support his judgment, as they will be when they are based on conflicting evidence, and where no findings were made, every finding necessary to support the judgment will be implied. 2. Quieting Title — Resulting Trusts — Case at Bar. The owner of town lots permitted them to go to tax sale, and thereupon Page 330 entered into an agreement under which the latter was to purchase them at such sale with the understanding that they should be reconveyed to the former on demand, the owner giving the purchaser a quitclaim deed for which the grantee paid no consideration. Upon the death of the grantor (about three years later) the administrator of his estate demanded reconveyance which was refused. The decedent had paid all installments due on the tax sale purchase price as well as taxes on the property falling due up to the time of the owners death, and exercised dominion over the property. In a suit to quiet title to the property and establish a resulting trust in it, judgment in favor of plaintiff administrator was affirmed. 3. Quieting Title — Resulting Trusts — Created by Operation of Law. Under section 6785, Revised Codes, where a transfer of realty is made by one person and the consideration therefor is paid by or for another, a trust is presumed to result in favor of the person by or for whom such payment is made, the trust being created by operation of law; hence the contention of defendant in the above suit that a trust estate in real property can be created only by an instrument in writing under the statute of frauds is not meritorious. 4. Quieting Title — Estoppel by Attempted Fraud — When Contention of no Merit. Contention of defendant that plaintiff administrator was estopped from claiming a trust estate in the property involved in a quiet title suit (one in equity) by his decedents alleged fraud in attempting to resecure title to the property in question after giving a quitclaim deed to it (see par. 2), and thus to avoid his obligation to a loan company which held a mortgage thereon but was not a party to the suit, held not meritorious.