Bastian v. Brink

• Decision Date: 19 January 1951
• Docket Number: No. 35318,35318
• Court: Minnesota Supreme Court
• Parties: BASTIAN et al. v. BRINK.

Page 712

45 N.W.2d 712

233 Minn. 25

BASTIAN et al. v. BRINK.

No. 35318.

Supreme Court of Minnesota.

Jan. 19, 1951.

Syllabus by the Court

1. In a suit for ejectment, defendant may plead equitable defenses, and if evidence submitted in support thereof entitles him to conveyance of property involved court is empowered to find title in him in such action.

2. Where evidence does not establish anything entitling defendant to affirmative relief in such action, trial court's finding that he was owner in fee of property cannot be sustained.

3. Under M.S.A. § 501.07, mere payment of purchase price alone is not sufficient to entitle such purchaser to beneficial interest in land conveyed to another.

4. Where evidence established purchase-money payments for property by deceased wife of defendant, any resulting trust because thereof and other factors taking matter outside scope of § 501.07 would inure to her benefit rather than to defendant's.

5. Where there was no testimony by purchaser of property that title thereto was placed in name of another to escape attachment of old-age-assistance lien, Held that evidence would not support a finding that such title holder held title only pursuant to such agreement or arrangement.

6. Based upon evidence submitted, it is Held that trial court erred in quieting title to property involved in ejectment action in defendant.

Gleason, Ward, Orff & Johnson, Minneapolis, for appellants.

John F. Shaughnessy, Minneapolis, for respondent.

THOMAS GALLAGHER, Justice.

Plaintiffs, Howard Bastian and Helen Bastian, his wife, record owners as joint tenants of the northeasterly 41 feet of the rear southwesterly 88 feet of lot 1, and the northeasterly 39 feet of the southwesterly 88 feet of the southeasterly 1/2 of lot 2, block 4, St. Anthony Falls Addition to Minneapolis, bring this action in ejectment against defendant, Nathaniel T. Brink, alleged to be wrongfully in possession of the described premises and the dwelling house thereon.

Defendant disputes plaintiffs' ownership of the property and asserts that he and his wife, Julia A. Brink, now deceased, purchased it September 20, 1944; that they occupied it as their homestead until his wife's death March 17, 1948; that thereafter he continued to and does now occupy the same as his homestead; that plaintiffs did not contribute any sum whatever to the purchase thereof; and that plaintiffs hold title thereto only as constructive trustees for the benefit of defendant and his deceased wife. The latter is an aunt of plaintiff Helen Bastian.

The trial court found that the deed under which plaintiffs held title 'was given without consideration, paid or rendered by the said plaintiff, and that plaintiffs did not furnish any of the money or other consideration for the purchase of * * * said premises,' and that 'defendant, Nathaniel T. Brink, together with his wife, Julia Brink, now deceased, purchased * * * and occupied said premises as their homestead, and that * * * defendant is still in possession of said premises as his homestead, and * * * has paid all taxes, insurance, repairs and all other charges against said property.' Based thereon, it determined that title in fee in said premises was in defendant, Nathaniel T. Brink. From the judgment to such effect subsequently entered, this appeal is taken.

The evidence disclosed that the purchase price of the property was $2,800, and that a check in the sum of $1,368.16, drawn on funds of defendant's deceased wife, was delivered to the former owner as part of such purchase price. There is no reference to payment of the remaining $1,431.84, nor evidence that defendant furnished any part thereof. Defendant did testify that he had paid taxes on the property for a number of years since its purchase; that he had paid for certain repairs and improvements thereon; and that his occupancy thereof was rent free, although after his wife's decease a demand for rent had been made upon him by plaintiffs' attorney.

It was disclosed that for a number of years prior to her death Julia A. Brink had engaged in buying and selling real estate in Minneapolis; that title to the property thus purchased was at times taken in her name and at other times placed in the names of plaintiffs; but that at no time was title placed in defendant or in his name and that of his wife jointly.

By her will, Julia A. Brink bequeathed to her husband an unimproved parcel of land in Minneapolis not involved here, and left the remainder of her estate to her sister Ida Hardt, mother of plaintiff Helen Bastian. Defendant subsequently elected to take under the applicable statute rather than under his wife's will.

1. In a suit for ejectment, a defendant may plead equitable defenses to defeat plaintiffs' claim of title. If the evidence submitted in support thereof would entitle defendant to a conveyance, the court, in the interest of the elimination of further litigation, is empowered to find title in him in the same action. See, McKinney v. Bode, 33 Minn. 450, 23 N.W. 851; Probstfield v. Czizek, 37 Minn. 420, 34 N.W. 896; cf. Merrill v. Dearing, 47 Minn. 137, 49 N.W. 693.

2. Here, however, neither defendant's answer nor the evidence submitted by him indicates anything which entitles him to the affirmative relief granted by the trial court. His claim to the property is based upon the allegation that the consideration for the purchase thereof was paid by his wife and himself. The evidence, however, fails to establish any purchase payment whatever on his part, the only payments shown being those made by his wife. The trial court's finding that he had paid some part of the purchase price is clearly without support in the record and cannot be sustained.

3. In any event, since the enactment of § 501.07 mere payment of purchase price alone would not entitle defendant to the relief granted by the trial court. It provides: 'When a grant for a valuable consideration is made to one person, and the...