120 Iowa 248 | Iowa | 1903
The suit is to partition three hundred and twenty acres of land and five town lots, but the only controversy is over two quarter -sections which apopellant, William Luckhart, claims to own in virtue of conveyances thereof from John Luckhart, executed in August of the year 1877. John Luckhart, who at one time was the owner of this land, was the father of the defendants to this action, by his first marriage. His first wife died in the year 1876, and in June of the year 1879 he married the plaintiff Lydia Luckhart, by whom he had one child, Gertrude M., who with her mother, is also a plaintiff. The father, John Luckhart, died intestate January 19, 1899, and plaintiffs claim that they are entitled to a part of his estate, which included, among other things, the land in dispute. The record title to this land, as has been observed, is in defendant William Luckhart, under and by virtue of his deed executed in the year 1877. But plaintiff's claim that this deed was without consideration, was never delivered, was not intended to convey a beneficial interest, and that the grantee therein held the legal title in trust for John Luckhart. The deeds conveying the land to William contained covenants of general warranty, recited considerations, and, as they are of record, the presumption is that William is the owner of the land, and his claim thereto should be sustained, unless it be for some of the matter set forth by plaintiffs in their pleadings, and established by their proofs. These are (1) that the deeds were never
Counsel for appellees frankly say that they have never claimed, and do not now contend, that there was an es^press trust in the land. But if they had, such contention
Appellees rely, however, on evidence to the effect that it was not intended that the grantee should take a beneficial estate. There are some general statements in
It goes without saying that a pure resulting trust may be established by parol, but a trust depending upon an agreement of the parties cannot be so established. What,
There was then no presumptive or resulting trust, and, as an express one cannot be shown by parol, we have but
So far we have discussed the case from appellees’ standpoint. In support of the deed the defendant offered evidence showing that he gave his notes for part of the consideration of the land; that the deeds were actually delivered to him; that he paid these notes; that he took possession of the property, used and occupied.it as his own; that he paid taxes on the premises; and other facts tending to support the conveyance. Appellees made defendant William Luckhart their witness, and elicited most of these facts. The conveyance attacked was made nearly thirty'years ago. It has gone unassailed all this time, and plaintiffs are relying*on loose and random conversations and conduct of the parties for many years to defeat this
Having carefully gone over the evidence, we are of opinion that the decree should be reversed, and the title to the .lands in dispute quieted in the defendant William Luckhart. Such a decree may, at defendant’s option, be entered in this court or the case may be remanded for a decree in harmony with this opinion. — Reversed.