112 Wis. 74 | Wis. | 1901
We have carefully examined the evidence, and are satisfied that the findings are fully supported thereby,
The only other ground upon which the plaintiff can claim relief is upon the ground that there has arisen a trust ex maleficio in his favor in the lands. Cutlet v. Babcock, 81 Wis. 195. The ground upon which such trusts have been recognized and enforced is that the cestui que trust, relying upon some promise of the fraudulent trustee, has surrendered a right, or omitted some act for his own protection, by virtue whereof the fraudulent trustee has been enabled to acquire to himself the legal title, the enforcement of which legal title would amount to a fraud upon the cestui que trust. N o' such case is presented here. The appellant has neither lost nor surrendered any right in reliance upon any promise on the part of either Hartley or Nelson. He did not even discontinue his action until several months after Nelson's purchase, and after he knew that Nelson refused to recognize that he had any rights in the property. His rights in the property, if he had any, were just as valid and enforceable after Nelson's purchase as before.
By the Court. — Judgment affirmed.