This is аn appeal from a judgment in an action in which the appellees, being the daughter and widow and only heirs-at-law of Guy W. Hadley, deceased, sought to be declared the owners of a tract of land in Morgan County, Indiana, referred to as the Hutton farm.
The substantial facts are undisputed, and from the record the following facts appear: That Guy W. Hadley, deceased, was the son of Macy B. Hadley who died
Macy B. Hadley left surviving him as his only heirs-at-law his widow, Laura Hadley and his sons, Guy W. Hadley and Robbins M. Hadley. The widow and children of Macy B. Hadley occupied said Farm home as their residence until 1910. In February, 1910, said widow and children purchased a farm- know as the Page farm. Guy W. Hadley had become married, and at the time of the purchase of the Page farm, it was understood between the widow and her sons, that the widow and Robbins M. Hadley would continue to occupy the Home place and Guy W. Hadley would take charge of the Page place. In making said purchase, Laura Hadley, the mother, furnished $6,000 of the consideration, Robbins Hadley furnished $1,700, and Guy W. Hadley furnished $1,700. By agreements of the parties, the title to the Page farm was taken in the name of the mother, Laura Hadley, and Laura Hadley aided Robbins M. Hadley in procuring the $1,700 which he paid upon the Page place, by becoming surety for said Robbins M. Hadley on a note given to one Iro Conduitt for said sum. And she further aided Guy W. Hadley in procuring the $1,700 which he paid, by signing a note аnd mortgage to the Northwestern Life Insurance Company to secure the payment of the same by Guy W. Hadley. In the year, 1910, Guy W. Hadley moved to the Page place, took full and complete possession, and Robbins M. Hadley and his mother occupied the Home place, and Robbins M. Hadley had full and complete control of the Home place. Afterwards, Robbins M. Hadley was married, and after such marriage, it was agreed between the mother and the two sons that the mother would move to the town of Mooresville and Robbins M. Hadley and Guy W. Hadley would
From all of the circumstances in the evidence, it could be reasonably inferred as found by the trial court that the title was to be so held in the mother’s name until a family settlement was made which would carry into effect the purpose of all the parties; that Guy W. Hadley would own one of said farms and Robbins M. Hadley the other; and that pursuant to such agreement, title to the Hutton farm wаs taken in the name of Laura Hadley Morgan on the 17th day of February, 1920.
Immediately following such date, Guy W. Hadley went into full possession of the Hutton farm and from and after such date with the full knowledge of his mother and Robbins M. Hadley, made lasting improvements on such farm, paid taxes thereon, and in all things exercised full and complete ownership over the farm. Also it would appear from the evidence and the circumstances that at all times prior to the purchase of the Page farm, there was an agreement between the parties whereby Guy W. Hadley would take possession of the Page farm, and Robbins M. Hadley would have possession of the Home farm, each would take all the rents and profits, and income from their respective farms, and each would contribute equally for the support of their mother, and it was agreed and understood that at some future date there would be a family settlement where all of the rights of the parties would be adjusted and finally fixed as the Page farm and the
At the time of the marriage of Laura Hadley Morgan and Benjamin F. Morgan, they entered into a valid ante-nuptial contract whereby each agreed to take no part of the estate of the one who should die first and that the funeral expenses of the one dying first should be paid out of the estate of the deceased. Laura Hadley Morgan died intestate on the 2nd day of July, 1944, and
During the pendency of the present action in this court, upon the written agreement of all the parties interested in the real estate known as the Hutton farm, said real estate was ordered sold by a commissioner appointed by the trial court, and by said agreement and the order of the trial court, the rights of the several parties hеreto were transferred to the proceeds of said sale.
Upon its finding of facts, the court entered conclusions of law that the law was with the appellees, and that from and after December 30, 1922, Guy W. Hadley and his heirs-at-law were and have been the owners of the property known as the Hutton farm, the title of which was held in the name of Laura Hadley Morgan for the sole purpose of securing her support under the terms of the family settlement described in the findings as made and entered into on Decеmber 30, 1922; that Robbins M. Hadley has received his full share of any estate that his mother may have had, and is entitled to no right, title, claim, or interest in the Hutton farm; that the administrator of Laura Hadley Morgan has no right, title, claim or interest in the Hutton farm; at the time of the death of Laura Hadley Morgan, the plaintiffs, Esther Hadley Kays and Ella Hadley as heirs-at-law of Guy W. Hadley, deceased, were the owners of the real estate described in these proceedings as the Hutton farm.
Errors relied upon for reversal, and not waived, are that the trial court erred in overruling appellants’ demurrer to the first and second additional paragraphs of complaint filed by appellees in the trial court, and that the trial court erred in its conclusions of law numbered one to eight inclusive; and that the trial court erred in overruling appellants’ motion for a new trial on the grounds, not waived, that the finding of the court is not sustainеd by sufficient evidence and is contrary to law.
In considering the appellants’ assigned error in the court’s action in overruling appellants’ demurrer to the first and second additional paragraphs of the complaint, we have not set out the pleadings nor shall we discuss the rulings of the court with reference thereto for the reason that where there are special findings of fact and conclusions of law, any error, if any, in overruling the demurrer to the complaint is immaterial.
Karas
v.
Skouras
(1922),
In support of appеllants’ assigned errors No. 4 to No. 11 inclusive, that the court erred in each of its conclusions of law, and by proposition No. 4, the appellants contend that there are no facts proven to sustain the amended complaint, and no facts alleged in the remaining paragraph of complaint to warrant the court to render the conclusions of law as set out in the record. Such contentions do not present any question as to any error in the conclusions of law by the trial court. In considering assignments of error as to conclusions of law upon special findings of fact, this court must accept such facts as correctly found. We cannot go to the pleadings or the evidence, and we must confine our consideration solely to the facts as found. For the purpose of the exceptions to the conclusions of law, it is admitted that the facts are correctly found.
Lester
v.
Hinkle.
(1929),
Other assigned errors make it necessary for this court to consider and determine whether or not there are circumstаnces shown in the findings and the record in support thereof which are sufficient to create a resulting trust in the real estate in favor of the appellees under the statutes and the definitive decisions.
Section 56-606, Burns’ 1943 Replacement, provides as follows: “When a conveyance for a valuable consideration is made to one person, and the consideration therefor paid by another, no use or trust shall
The courts have held that in order for a resulting trust to arise under the provisions of the aforementioned statutes, there must be an agreement conforming forming to the requirеments of Clause No. 3, Burns’ 1943 Replacement, § 56-608; such agreement must have been made before title to the real estate was acquired; there must have been a valuable consideration ; the transaction must be free from fraud; and the proof must be clear and unequivocal.
Price
v.
Brittain
(1923),
No formal agreement, or particular form of words is required, and such a trust will not be permitted to fail because of a mere lack of form or method of proof, if the evidence clearly and unequivocally establishes the essentials for the creation of such resulting trust.
Rickes
v.
Rickes
(1924),
In the instant case there are findings which are supported by the evidence, and by reasonable inferences which may be drawn therefrom, which establish that there was an agreement prior to the time the title to the Hutton farm was taken in the mother’s name that she was to hold such land in trust
The findings show that the transaction was free from fraud, and the proof of this agreement seems clear and unequivocal, and it did not lack for consideration. Therefore, it seems that such agreement had all of the requirements for the establishment of a resulting trust.
The family settlement which was concluded in accordance with the prior agreement of the parties to make such a settlement, was made on December 30, 1922, while Guy W. Hadley was in possession of the Hutton farm, and it was agreed between the sons and the mother that Robbins M. Hadley would have the Home farm and Guy W. Hadley would be the owner of the Hutton farm, and the parties changed the indebtedness of the mother of $6,000 secured by a deed, which was in fact a mortgage, to an obligation to support the mother during her lifetime. The appellees’ decedent, Guy W. Hadley, paid $250.00 to bring about an equalization after an appraisement of the two farms. Thereafter, all of the provisions and conditions of the agreement as to support were carried out. Guy W. Hadley made lasting improvement on the Hutton farm, and paid taxes on the same until his death, аnd after his death, his heirs, the appellees, continued to recognize and carry out the family agreement, and permitted the mother to have all of the rents and profits from the farm as part of the obligation to support the mother.
There are sufficient findings by the trial court supported by substantial evidence to establish that Guy W. Hadley became the owner of the Hutton farm, and that the mother held, the same in trust to secure an obligation of support, and that Robbins M. Hadley had no claim upon the Hutton farm.
The appellant, Robbins M. Hadley, received all of the benefits of the family settlement, and it cannot be contended that he did not receive his full share of the ancestral estate, and even obtained a deed from appellees’ decedent, Guy W. Hadley, for his interest in the Home farm with no showing of consideration other than the consideration which passed under the family settlement agreement. And in addition, his default caused an encumbrance to be placed upon the Hutton farm of more than $1,700. Under these circumstances, the conclusion of the court that the law is with the appellees is fully supported by the doctrine of advancements.
Dyer
v.
Armstrong
(1854),
There is nothing shown in the carrying out of the terms of the family settlement agreement by Guy W. Hadley, and his heirs-at-law, the aрpellees herein,
Since, such resulting trust did arise, the questions raised by the appellant as to the Statute of Limitations have no application to this case.
Appellants, also assert the Statute of Frauds as a bar to the decision of the trial court vesting title to the real estate in question in appellees. An oral contract with reference to real estatе is not void, but only unenforceable. The facts and circumstances as particularly related in this opinion disclose a situation which brings this case within the rule that where a contract has been so far performed by one party that the failure to enforce the same would work a fraud upon the party who has complied with the contract, the party who has received the benefits of the contract cannot defeat performance by asserting the contract is within the Statute of Frauds.
Purity Maid Products Co.
v.
American Bank & Trust Co.
(1938),
For the reasons given herein, the trial court did not err in its conclusions of law and in overruling appellants’ motion for a new trial. Judgment affirmed.
Royse, J., not participating.
Note. — Reported in