139 Ky. 523 | Ky. Ct. App. | 1907
Opinion of the Court by
Affirming.
The appellant, Bertie Antle Griffin, and appellees, Minnie Schlenk, William Antle, Tom Antle, and Wil
A number of affidavits were filed by tbe parties in support of and against tbe exceptions. Without discussing in detail tbe evidence thus furnished tbe lower court on tbe issues of fact raised by tbe exceptions, we think its weight sustains tbe court’s conclusions that there was an arrangement between appellant and appellees, or some of them, made at tbe time of tbe sale and just before ber purchase of tbe land, whereby sbe agreed to buy it jointly for herself and appellees ; that they relied upon ber promise to do so, and Wm. Antle was induced thereby not to bid upon tbe property, and Mrs. Schlenk to quit bidding therefor, upon receiving information of tbe agreement after tbe sale began. We also think it fairly apparent that but for tbe agreement in question tbe land would have brought a larger sum, and something near its appraised value of $4,010. It is not material that tbe
Appellant’s contention that the agreement, being in parol, was within the statute of frauds, is wholly untenable. “An agreement between joint owners of real estate that one shall bid at a public sale of it for the benefit of both (or all) is valid, although by parol.” 29 Am. & Eng. Ency. of Law (2d Ed.) 899. Appellant’s purchase of the land under the agreement created a trust by operation of law for the joint benefit of all the appellees and herself. Such trusts are enforceable at the suit of all or any of the beneficiaries. It is not material that she was not paid in advance .their proportion of the money to purchase the property. Some of them, according to the evidence, were ready and able to buy it when her bid was accepted, but were prevented by the agreement from bidding. In permitting appellees to share with appellant the benefit of the purchase, the court could re
Constructive trusts are held not within the statute of frauds, because they are bottomed on the doctrine of estoppel, and the operation of an estoppel is never affected by the statute of frauds. Morris v. Shannon, 75 Ky. 89; Martin v. Martin, 55 Ky. 8; Miller v. Antle, 65 Ky. 407, 92 Am. Dec. 495; Green v. Ball, 67 Ky. 586; Parker v. Catron, 85 S. W. 740, 27 Ky. Law Rep. 536; Pomeroy’s Eq. sections 1030-1044. In the case at bar the enforcement of the trust was not sought by appellees by a pleading filed to that end. They only sought, by excepting to the sale, to prevent appellant from obtaining an undue advantage from the repudiation of the agreement under which she was allowed to became the purchaser of the land. The only relief authorized by the record was given by the court in setting aside the sale and restoring the status that existed before the agreement in question was made.
Finding no cause for disagreeing with that decision, the judgment is affirmed.