111 Ind. 471 | Ind. | 1887
The appellaiits seek to recover money in the hands of the appellee, as the administrator of the estate of John Ward, deceased. The money sought to be recovered was received by the appellee from the sale of land of which his intestate held the title. The sale was made upon the petition of the appellee, as administrator of John Ward’s estate, in order to pay the debts due from the estate, and the .appellants were made parties to the petition.
There is evidence showing that in 1850 the intestate received money from the appellants, and that he invested it, with some of his own, in the purchase of land in this State. The theory of the appellants is that, as they furnished part of the purchase-money, a trust resulted in their favor, and that their right of action is not barred by the statute of limitations.
There are authorities maintaining the proposition that the statute of limitations will run against a resulting trust. Newsom v. Board, etc., 103 Ind. 526; Smith v. Calloway, 7 Blackf. 86; Musselman v. Kent, 33 Ind. 452; Wood Limitation of Actions, 413. But we do not place our decision upon this ground, for there is a plainer and stronger one.
. If it were granted that the statute of limitations does not run against an acknowledged resulting trust, and that the
Judgment affirmed.