17 Mo. 228 | Mo. | 1852
delivered the opinion of the court.
This was an action under the new code, begun in November, 1851, by Alexander against Goode, Warrance and others. Its object was to obtain a partition amongst the heirs of Catharine Warrance, and those claiming title under them, of a piece of
It appears that the city of St. Louis, on the 10th day of October, 1843, made a perpetual lease of the premises in controversy to Joseph W. Dougherty, in trust for Catharine Warrance, he paying a yearly rent therefor, with a power to the city of declaring the lease forfeited, in the event of a failure to pay the rent for the term of six months.
Warrance, in his answer, alleges, that the premises had been previously leased to him by the city, and that, with a view of obtaining a better- bargain, he forfeited his first contract, and a re-sale of the premises took place. That a city ordinance prohibiting his becoming a purchaser at the re-sale, as he had forfeited his first purchase, with a view of evading the ordinance, the second lease was made to Dougherty, in trust for his wife, he (Warrance) fulfilling all the stipulations imposed by the terms of the lease on the lessee. Mrs. Warrance is dead, and the defendant, her husband, contends that the property has now devolved on him, and that consequently there is no title in the heirs of Mrs. Warrance.
When a husband or father purchases, property in the name of his wife or child, no trust results to him, although he pays the purchase money, the law regarding the transaction as an advancement for the benefit of his wife or child. I Lomax, 204-5-6. In this case, there is a purchase in the name of a trustee, and there is an express declaration that it is in trust for the wife. Where there is an express trust declared in writing, there can be no resulting trust.
The other Judges concurring, the judgment will be affirmed.