143 Mo. 538 | Mo. | 1898
On the first day of March, 1890, Stafford DuBois, one of the defendants, being the owner and in possession of lot number 11 in block number 2 of the first division of the Rankin estate in city block 2225, fronting on Leonard avenue in the city of St. Louis, executed a deed of trust of that date by which he conveyed said lot to Leo Block in trust to secure the payment of a promissory note for $700 therein described. ' On the eighteenth of June, 1892, the said trustee in pursuance of the provisions of, and by virtue of the power in him vested by said deed of trust, offered said property at public sale, and Jeptha H. Simpson became the purchaser thereof for the- sum of $1,175 and received the trustee’s deed therefor of the same date. Afterward, in February, 1893, the said Simpson died, and the appellant, W. 0. Richardson, became the administrator of his estate. On the twenty-second of April, 1893, the said administrator by an order duly entered of record, was by the probate court ordered to take charge and possession of the real estate of said deceased, and to rent the saihefor a period not exceeding two years, and to collect the rents thereof for the purpose of paying off the debts of said deceased, to the payment of which the court found the personal property inadequate. Afterward, on the eleventh day of August, 1893, the administrator instituted this suit in the St. Louis circuit court. The
On the evidence the court in substance found that the property was bought in by Simpson and paid for with his own money, but that it was so bought and
The defense set up and tried in this case was an equitable one, addressed to the conscience of the chancellor, consequently the evidence is subject to review by this court on appeal. As both parties' claim under the title acquired by Simpson at the trustee’s sale, it was not necessary to go back of that title. It appears from the evidence that the sale was made, the money paid by Simpson and the trustee’s deed executed conveying the premises to him, on the eighteenth of June, 1892. The evidence tended to prove that in that month, or some time, prior to the thirteenth of July, 1892, the sum of $600 so paid by Simpson on account of this lot was repaid to him by DuBois, and that at the latter date the remainder was settled between them by some payment in cash. After a careful consideration of all' the evidence, it seems to us that the only fair inference that can be drawn therefrom is that Simpson bid in the property, paid for it, and took the deed to himself in pursuance of an agreement between him and DuBois that he should do so, and hold the legal title for DuBois until such time as DuBois could repay him the money thus expended and then to be reconveyed to DuBois, which money was afterward repaid to Simpson as aforesaid. Such being the case the question is, is such a contract thus executed on the part of the defendant within the statute of frauds'?
It is well settled law that when the purchase money of land is paid by one party, and the legal title taken in the name of another, a resulting trust arises-in favor of the party from whom the consideration proceeds, which is not within the statute of frauds, and which will be enforced in a court of equity. Kelly