25 Iowa 43 | Iowa | 1868
This presumption, though strong, is not conclusive. Hill on Trustees, 97, and notes; Sunderland v. Sunderland, 19 Iowa, 328; Livingston v. Livingston, 2 Johns. Ch. 540; 2 Story’s Eq. Juris. § 1203; 2 Wash. Real Property, 173-174, 204; Welton v. Divine, 20 Barb. 9; Guthrie v. Gardner, 19 Wend. 414; Harder v. Harder, 2 Sandf. Ch. 17.
The obvious meaning of the petition is, that she was to hold the property in trust for the husband until his death, and it was then to become hers absolutely. Her beneficial interest was contingent upon the will of the husband and subject to be terminated by him. She had then no benefibial interest that would descend to her heirs against the will of her husband.
In another view the agreement between the husband and wife can be properly shown in evidence in order to rebut the presumption that the property was conveyed to the wife as an advancement, and for that purpose it is properly set out in the petition. Without some averment which in effect operates to negative that presumption, the petition would have been obnoxious to demurrer.
This may be the rule, but it does not extend to cases where land is purchased with the funds of a party, or the consideration paid by him, and the conveyance taken in the name of another. Such cases are exceptions to the rule. Unless such exceptions are recognized, there could be,, in fact, no such thing as a presumptive trust, unless evidence thereof appeared in the body of the dead.
A claim satisfactorily established will not be regarded stale by a court of equity, and for that reason its enforcement refused, when it has not run for a period that is necessary to create a bar under the statute of limitations.
The judgment of the District Court upon the demurrer to the first division of plaintiffs’ petition is reversed, and the cause will be remanded for further proceedings not inconsistent with this opinion.
Reversed.