187 Iowa 980 | Iowa | 1919
The subordinate question arises whether these defendants who claim under the will of Lawrence Guggerty do not, because of the relations existing between plaintiff and Lawrence Guggerty at the time- when said deed was obtained by Guggerty, have the burden of proving that the deed from plaintiff was fairly obtained.
As to that relationship, the following matters are fairly deducible from the record: Prior to the opening of the Civil War, plaintiff became acquainted with Lawrence Guggerty. After spending three years in the army, and on returning from the war, the acquaintance with Guggerty was renewed; plaintiff worked for him, and they became very intimate. While it is true that, at the very time the deed in question was obtained, plaintiff was not living with or working for Guggerty, the record shows that plaintiff had the feeling that would be created by long living with and working for Guggerty. It appears plaintiff was an old country Irishman, of meager intelligence; that he never transacted business, and had very little, business ability; that he went away on sprees, now and again; that he was at one time sent to the hospital for the insane, at Mount
On this record, we hold that these defendants have the burden to show that the obtaining of this deed was a fair transaction, upon fair and adequate consideration. Curtis v. Armagast, 158 Iowa 507, at 519. All done by defendants in reference to this matter is a denial that there was this burden, and an assertion that certain admissions made by Lawrence Guggerty in his petition to become guardian or to sell as guardian do not prove he paid no consideration to plaintiff. Since they had this burden, it does not help them that evidence for the plaintiff fails to show a want of consideration. These defendants cannot discharge their burden because plaintiff has failed to disprove what it is the duty of the defendants to prove. Farmers & Merch. St. Bk. v. Shaffer, 172 Iowa 173.
1-a
We are persuaded that such admissions are competent as to that. Finally, it remains to consider what the admissions were.
“I have in my possession 160 acres of land in my own name, the property of Peter Nolan, of unsound mind, for which I have paid taxes out of my own money.”
He frequently spoke of this land as “Pete’s land.”
Whatever may be the requisites of a formal declaration of trust, the foregoing statements and the solemn written allegations of the inventory and in the application to sell are the clearest of proof on two propositions: First, that, while there was a formal deed, the land was never conveyed; second, these allegations are clear proof that the trust was executed. The application itself is such execution. And such admissions as these were admissible where the trust has been executed. Ratigan v. Ratigan, 181 Iowa 860.
What is the avoidance?
Appellants cite Davis v. Stambaugh, 163 Ill. 557 (45 N. E. 170). It holds that an admission of a trust in a deposition will not effect a declaration of trust, because, under the Illinois statutes, a trust is void unless created in
“These statutes have reference to the character of the evidence which must be adduced as against the holder of the legal title. If the trustee admits the trust, or if the parol trust has been fully carried out and executed, the statute does not apply.” Johnston v. Jickling, 141 Iowa 444, at 451.
1-b
Not only was the form sufficient. The substance of the admissions is sufficient, as well. We are told that Guggerty merely acknowledged plaintiff had a life interest; that the application to sell was prompted by a desire to protect that life estate; and that the declaration of intention to account to the ward, either with the land or its value, expresses a mere intention to do what Lawrence Guggerty considered himself to be under neither legal or equitable obligation to do; and that what he intended may be no more than to account for the income of the land or interest on its value. As to this, we have to say that an express statement of the purpose to account to a ward for the land or its value is not necessarily an offer to do what there is neither legal or equitable obligation to do; and that the very words of the declaration Cannot be tortured into meaning income on land or interest on value of land. Accounting for land or the value of land does not speak to, income merely, nor to interest on value merely, and it was certainly no protection to a life estate to have the lands sold in which the life estate existed.
It is argued that, at the very time this application was made, Guggerty was acting as owners do; that he obtained a loan for his own use, and mortgaged this land to secure
II. We do not question the elementary rule of evidence that the legal title cannot be divested except on testimony which is clear, distinct, and satisfactory. But we hold that the testimony here meets that test; that it clearly establishes the unchallenged allegations of the petition.
III. On the evidence and the record as a whole, we decline to hold that the plaintiff was guilty of laches. — Affirmed.