18 S.D. 365 | S.D. | 1904
James K. P. Miller died January 13, 1891, leaving a will, by which he devised all h-is property to William H. Swift, Joseph Swift, and EÍ. B. Beecher, in trust for certain purposes. They qualified as executors. Subsequently the plaintiff in this action succeeded them as administrator. Debts have been proven against Miller’s estate to the amount of about. $150,000. His estate is insolvent, and, even if anything should be obtained from this litigation, thei;e wouklnotbe sufficient property to satisfy the xd©bts. When Miller died the records showed him to be the owner of certain lots in the city of Deadwood. After plaintiff’s appointment, defendants Gra-' ham and Treber brought an action against him as administrator; the above named trustees, the heirs at law, and others interested in the estate alleging that the property involved in the present action was purchased by Miller with funds belonging to Graham, on the latter’s account, and pursuant to his instructions; that title thereto was taken by Miller in his own name with intent to convey the same to Graham; that by virtue of the facts stated in the complaint, “and the law in such cases made and provided, a trust resulted in favor Of Graham in the property”; and that he was entitled to a deed thereof. Wherefore they prayed that it be decreed that the. property was purchased as alleged; that the administrator be required to convey to Graham or to Treber, his grantee; that all persons interested in the estate be declared to have no right, title, or interest -therein; and that title be quieted in Graham for the use of his grantee or in such grantee directly. The trustees
It may be thought that, if Graham was entitled to any rerief upon the facts proved on the former trial, he should have