22 Mich. 454 | Mich. | 1871
The facts in this case are few and simple, and in regard! to the most of them there is no dispute. In the fall of'
Stillman Goodenough, it appears, conveyed the Milford land to his brother, John B. Goodenough, in 1855, on an understanding, as he claims, that the title should still be
The bill in this case avers that Stillman Goodenough took the title to the Milford land in his own name without the consent of complainant, and in fraud of his rights; and its purpose is to compel the defendant to release to the complainant the title which, it is claimed, is held for him under an implied or constructive trust. The defendant insists that the conveyance to Stillman Goodenough was made with the full approval of complainant, and that consequently under our statute he is entitled to no relief.
As the consideration for the conveyance to Stillman Goodenough was furnished by complainant, there can be no doubt that at the common law there would have been a resulting trust in complainant’s favor. But our statute provides that — “ When a grant for a valuable consideration shall be made to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person námed as the alienee in such conveyance, subject only” to a trust in favor of creditors, when the effect would otherwise be to defraud them. — Comp. L., §§ 2637-8.
This provision, however, must be understood as applicable only to those cases in which the deed has assumed the form it has by consent of the party furnishing the con
It has already been seen that there is no direct evidence of any understanding between complainant and Goodenough as to who was to be made the grantee in Patchings deed, and we must therefore see what legal inferences are deducible from the situation of the parties, or may fairly be drawn from the facts which appear. The following facts, as we have before said, are unquestioned: 1 — that in the arrangement Goodenough acted as agent for complainant; 2 — that he was entrusted with the whole management of the negotiation with Patchin; and, 3 — that it was distinctly understood between him and complainant that the conveyance made by Patchin was to be for the benefit of complainant. Supposing this to be the whole of their
We cannot infer, in the absence of evidence to that effect, that complainant understood Goodenough was to take the deed to himself and without expressing therein any trust in favor of complainant. The contrary is the only reasonable inference. When it distinctly appears that the conveyance was to be for his benefit, we must suppose that he expected it to be in such form that the law would protect his enjoyment of the premises under it. We cannot assume that his agent, into whose hands he placed himself, was understood to be empowered to take conveyance in a form, which would defeat the very purpose of the 'arrangement, or that complainant, without any occasion whatever, so far as the evidence shows, was to trust his interests for an indefinite period, solely to the continued good will, good faith, and sense of honor and justice of the agent who was negotiating for him.
Goodenough testifies that after the arrangement with Patchin was agreed upon, complainant was informed of it, and expressed his satisfaction. But he does not state that complainant was then told to whom the deed was to be made, and we have no reason to infer that the information went any further than that an even exchange was to be made of the Bennington interest for the Milford land; but after the deed was made by Patchin, it was shown to complainant, and he read it and made no objection, and
And we think any such inference of assent is not very conclusive. Goodenough had been giving his services' to complainant, and though he had taken the deed in his own name, he had evinced no disposition to appropriate the property. He allowed complainant to take possession and appropriate the profits without account. His possession would preclude any Iona fide purchase by strangers, and if we suppose complainant to be fully aware of his legal rights, we must assume that he knew he had nothing to gain or lose, by demanding or failing to demand, an immediate conveyance. His silence, consequently, after the transaction was completed, does not seem to us such evidence of previous assent as to warrant our finding, that an understanding is' proved that the arrangement Goodenough was engaged to make for the benefit of complainant, might be put in such form as to enure exclusively to the benefit of Goodenough himself.
After careful consideration of this record, we are of opinion that the decree was correct, and that it should be affirmed.