Adams v. Burns

• Decision Date: 26 November 1888
• Citation: 10 S.W. 26,96 Mo. 361
• Parties: ADAMS et al. v. BURNS.
• Court: Missouri Supreme Court

10 S.W. 26

96 Mo. 361

ADAMS et al. v. BURNS.

Supreme Court of Missouri.

November 26, 1888.

TRUST — RESULTING TRUST — EVIDENCE — LACHES.

A creditor, on taking a conveyance from his debtor, agreed to reconvey if the debt should be paid, and, the debtor having died without payment, conveyed to defendant, who was then the debtor's lessee of the land, for a sum considerably exceeding the amount of the debt, making no mention of his promise to reconvey. Interested witnesses testified that the debtor and defendant stated that the debtor had leased the land to defendant on his promise to pay the debt. Defendant's claim of title, though known to complainants, the debtor's heirs, was unquestioned for 18 years. Held not sufficient evidence to establish a resulting trust.

Error to circuit court, Saline county; JOHN P. STROTHER, Judge.

Suit by Nancy K. Adams and others against James Burns, to have defendant declared a trustee of certain lands. Plaintiffs bring error from a judgment for defendant, and an order denying a new trial.

Yerby & Vance, for plaintiffs in error. Boyd & Sebree, for defendant in error.

BLACK, J.

Some of the plaintiffs are the brothers and sisters, and others are the heirs of deceased brothers and sisters, of John King. The substantial allegations of the petition are that John King owned the 80 acres of land in suit; that prior to 1860 he was indebted to John W. Bryant in the sum of $400; that he conveyed the land to Bryant by a deed which was unconditional on its face, but in fact made to secure the said debt; that in 1861 John King rented the land to the defendant for four years, and the defendant agreed to pay the rent to Bryant in discharge of the debt owing by King to Bryant, and defendant went into possession of the land as such tenant; that defendant paid the rents to Bryant, and took a deed to himself. King is dead, and the claim is that there is a resulting trust in favor of the plaintiffs; and the prayer is that defendant be divested of the title. The evidence shows that Bryant loaned King $100, and perhaps something in addition, in 1855, to be used in entering the land, it would seem. King failed to pay the debt, and in 1858 conveyed the land to Bryant, who sold it to Burns in November, 1862, for $612.10. In April, 1866, Bryant made a deed to Burns pursuant to a title-bond made at the date of the sale. The defendant Burns was the step-father of King, and leased the land from King for the years 1860 and 1861, but did not move on the land until after the death of King. King died in March, 1862. The evidence offered to establish the trust is as follows: "John W. Bryant. King was not able to pay me, and he made me a deed. I told him if he paid me the money he could have the land. He did not come, and I sold to Burns. The deed was not intended to be a mortgage. I sold the land to Burns without reference to the debt of King. Don't know whether Burns knew the fact about the King debt to me or not." "Wilburn Zans. I was called on by King and Burns to witness a contract. King said he had leased the land to Burns for four years from 1...