121 Iowa 237 | Iowa | 1903
In the year 1864, Francis Malley and Catherine Elizabeth Malley his wife, being about to separate, united in conveying certain lands in severalty to their children Fred H. Malley (plaintiff herein), Mary Malley, William Edwin Malley, John Malley, and Paul F. • Malley, d- fend ant herein. Another child, Louisa
The testimony makes it reasonably certain that plaintiff advanced or paid the sum of $600 upon the purchase price of the land, but it is by no means so clear that the transaction was of a natur; to create a resulting trust in his favor. The general proposition that where one purchases and pays for land, taking the title in the name of a third person, the grantee is deemed to hold such title in trust for the real purchaser, is well settled. Cotton v. Wood, 25 Iowa, 43; Zunkel v. Colson, 109 Iowa, 695; Williams v. Williams, 108 Iowa, 91. But the presumptiou in favor of the legal title, especially one which has stood unquestioned and undisturbed for many years, is so nearly conclusive that something more than a slight preponderance of the testimony is required to establish a trust. We
The judgment of the district court is aeeiemed.