121 Iowa 380 | Iowa | 1903
On the 9th day of January, 1889, Anthony Robertson, now deceased, and his wife, Mary, the .intervener in this case, joined in a conveyance of the land in controversy to defendant W. R. Robertson. That conveyance was a warranty deed, and recited a consideration of $8,000 in hand paid hy the grantee. Anthony Robertson died testate June 18, 1900, and while he did not mention the property in controversy in his will, he attempted to dispose of all his property, real, personal, and mixed. Plaintiffs and three of the defendants are legatees under the will, and, as such, claim the property in controversy, consisting of something over three hundred and fifty acres of land in Hardin county.. As defendant W. R. Robertson holds the title to the land under a deed reciting the payment of a consideration, he, of course, must prevail, unless plaintiffs and intervener have established the fraud pleaded hy them, or have shown such a trust as the law will recognize.
It is said that W. R, Robertson, who was appointed executor of his father’s- will, has failed to account for any
If defendant did not pay the full purchase price for the land, a remedy is open to compel him to make payment, but it is not by action to establish a trust. We have so far treated the case largely from plaintiff’s standpoint. It should be said, in fairness to the defendant, that he denies any of the alleged promises pleaded by plaintiffs,and claims that he purchased the land from his father, paying $2,200 of the purchase price to his mother and the remainder to his father. There is evidence, also, of a settlement with the father before his death, and a written receipt, acknowledging full satisfaction of all matters down to April 26, 1892.-
The case is not an unusual one, and the principles of law involved are not new. Indeed, there is little dispute over the law. The trouble, as usual, is over its application. Plaintiffs say there is a constructive trust because of fraud. This, as we view it, they have failed to establish by the quantum of evidence required. Our conclusions find support in the following, among other cases: Shaffer v McCrackin, 90 Iowa, 578; Rogers v. McFarland, 89 Iowa, 286; Maroney v. Maroney, 97 Iowa, 711; Verzier v. Convard, (Conn.) 52 Atl. Rep. 255; Mallow v. Walker, 115 Iowa, 238.
The decree is right, and it is aeitirmed.