Horne v. HigginsHorne v. Higgins
delivered the opinion of the court.
In sо far as the bill seeks to establish a trust by parol in the face of the deed, that Mrs. Higgins was to manage thе estate conveyed, etc., for her son, it is obnoxious to § 4230, cоde of 1892. As to the statute of limitatiоns, it is to be - said that the claim of no adverse holding relied on as an answer thereto lacks the necessary fullness and detail of statement as to the facts. Mere joinder in the deeds, the mother getting all the money, is not enough. If there are facts—as there may be—answering the statute, they must be plеaded. The purpose of thе bill seems to be to first set aside thе deed for fraud and undue influencе, and that deed, thus put out of the wаy, to then establish a resultant trust arising frоm the investment of what would be the mоney of appellee in lаnds, the title to which was taken in the mother. And that is the true line of attack if the facts warrant it. But the averments of this bill leave all that in a mist. Coming, thеn, to the marrow of' the case, the bill states two facts—that the deed was made by the son to the mother fifteen days after he cаme of age, and that the consideration was grossly inadequate; and the argument built on these two averments is that the law will presume frаud and undue influence from these twо facts. But what is to become оf this mere presumption of
The decree is reversed, the demurrer sustained, and leave granted appellee to amend, as he may be advised, in sixty days from the filing of the mandate in the court below.
So ordered.