182 Iowa 1350 | Iowa | 1917
The property in controversy was acquired by contract in the year 1906 for a purchase price of $500. The last $400 of this sum was payable in instalments of $15 per month. The defendant widow testified that she conducted the oral negotiations for this property, and that she made all the payments on the purchase price. Such a claim is easily made, and is difficult to disprove. It therefore calls for great scrutiny, and we have considered the claim herein with some scepticism. Needless to say, we have directed our special attention to corroborating circumstances, pro and con. ^
As corroborating the apparent legal title of J. IT. Servis, it appears that the written contract with the vendor was made directly with Servís, and signed by him alone; that thereafter, he paid the taxes thereon; that, for some part of the time thereafter, he leased it and collected rent thereon; that subsequently, he sold it to Gillispie, and later foreclosed the purchase money mortgage and reacquired the title under sheriff’s deed; that, in the last few years of his life, he occupied the building with a secondhand store, and also used a room in the second story as a real estate office. The defendant was appointed administratrix over her husband’s estate, and listed the property as a part thereof. She also reported the rents collected since the date of his death. On the other hand, it appears that, beginning about the year 1899, Mrs. Servís was in the millinery business, and occupied this property under lease, which contained a proviso giving her the first privilege of purchase. The property was owned by the Iowa Loan and Trust Company,
The general circumstances surrounding Mr. and Mrs. Servis are quite consistent with the claim of the defendant. The parties were married in 1882. They appear to
As already indicated, Mrs. Servis was also in business, for several years. It appears without dispute that her business was profitable. Mr. Servis had been sickly, for some years before his death, which occurred when he was fifty-one years of age. The total property acquired by the pair consisted of the property in controversy and two other pieces of property of a similar kind. The decedent also had an interest in certain property as heir of his father. All the property acquired by the pair appeared in the name of the husband. Nothing appears to have been taken in the name of the wife, at any time. The married life of the pair appears to have been happy, and without distrust. The property in controversy since its acquisition has been improved at a large expense. It is the claim of Mrs. Servis, in her testimony, that she paid all such expense. Much of it has been incurred by her since the death of her husband. She has been somewhat inconsistent in her conduct, but she had much distraction and anxiety in the long illness of her husband. Her attitude as administratrix in listing the property as a part of the estate of her husband was inconsistent with her present attitude. Her explanation is that she supposed she had to do it, because it was in his name. Though she had had years of experience in the mil-linen' business, her general knowledge of business and of legal rights appears to have been quite womanlike, and not clear. She does not seem to have been a shrewd or designing woman, nor one who was greatly concerned over her legal rights, as between herself and her husband. The hus
Upon a careful consideration of all the circumstances appearing in the record, we have become convinced that the trial court properly found a resulting trust in favor of the defendant.