Edwards v. Tenney

• Citation: 154 P.2d 143,65 Idaho 784
• Decision Date: 15 December 1944
• Docket Number: 7217
• Parties: A. W. EDWARDS, Respondent, v. REX TENNEY, H. C. TENNEY and JANE DOE TENNEY, husband and wife, Appellants
• Court: United States State Supreme Court of Idaho

154 P.2d 143

65 Idaho 784

A. W. EDWARDS, Respondent, v. REX TENNEY, H. C. TENNEY and JANE DOE TENNEY, husband and wife, Appellants

No. 7217

Supreme Court of Idaho

December 15, 1944

1. Trusts

Generally a trust is impressed upon land in favor of party who paid the purchase price though title was taken in name of another, but the inference of such trust may be rebutted.

2. Trusts

Purchasers who knew that vendor had paid for the land but caused deed to be made in his brother's name, with understanding that land was given to brother though vendor would occupy land for life and pay taxes, could not assert that brother held subject to resulting trust in favor of vendor.

3. Adverse possession

Where purchaser of land caused deed to be made to a brother, to whom he sent deed with explanation that it was a gift but purchaser would retain occupancy of property for life and pay taxes, court properly found that purchaser's occupancy and payment of taxes were pursuant to understanding with brother, and did not result in adverse possession in purchaser.

4. Appeal and error

Findings supported by substantial evidence are controlling on appeal, and findings will not be disturbed when supported by sufficient uncontradicted evidence.

5. Vendor and purchaser

Purchasers who took possession with knowledge that vendor had given the land to his brother, and in quiet title action by brother did not claim lien for improvements or purchase price paid, but objected to offer of evidence of amounts paid, were not entitled to such lien.

Appeal from the District Court of the Eighth Judicial District of the State of Idaho in and for Bonner County. Hon. Bert A Reed, Judge.

Affirmed.

Everett E. Hunt for appellants.

Where one pays the purchase price for real property, though title be taken in the name of another, a trust arises, impressed upon the land, in favor of such party paying the purchase price. (Rexburg Lumber Co. v. Purrington et al, 62 Ida. 469; Pittock v. Pittock, 15 Ida. 426, 98 P 719.)

One who enters and occupies land, claiming title against the world, possesses adversely, even though his possession is founded in mistake as to the validity of his deed. (Bayhouse v. Urquidies, 17 Ida. 286, 105 P.2d 1066; Sec. 5-206, I. C. A.)

Bandelin & Bandelin and W. F. McNaughton for respondent.

The testimony refutes a resulting trust had such a trust been pleaded. (Scott on Trusts, sec. 441 and 441.3.)

The testimony discloses no title by prescription, because possession and payment of taxes by William Edwards was subordinate to, not adverse to, legal title in A. W. Edwards. (Sec. 5-206, I. C. A.; Janke v. McMahon, 133 P. 21.)

Holden, C. J. Budge, Givens and Dunlap, JJ., concur. Ailshie, J., deeming himself disqualified, did not sit at the hearing or participate in the decision in this case.

OPINION

Holden, C. J.

July 9, 1917, William Edwards of Bonner County, Idaho, purchased the real property involved in this suit from the Humbird Lumber Company. At his request the deed conveying the property so purchased was made to a brother, A. W. Edwards, residing at Aroostock County, Maine. After execution and delivery to William Edwards, the deed was recorded in the office of the County Recorder of Bonner County. William Edwards, after the deed was recorded, immediately mailed it to his brother, A. W. Edwards. By his letter of transmittal, William Edwards, in substance, explained the deed was made as a gift, but that he, William, was to have the use and occupancy of the property so long as he lived, and would pay the taxes and, accordingly, William so occupied the property and paid the taxes levied thereon. Many years thereafter, to wit, September 25, 1940, by written agreement, William Edwards contracted to sell appellants the following described real and personal property (the real property being the identical property covered by the deed from the Humbird Lumber Company to A. W. Edwards):

Northwest Quarter (NW 1/4) of Section Twenty-one (21) Township Fifty-six (56) North, Range Two (2), W. B. M. lying and being North and West of the Northern Pacific Railway right-of-way, containing 63 acres, more or less; together with certain described livestock and farm equipment.

At the same time and as a part of the same transaction, William Edwards executed to appellants a warranty deed to the above described real property as well as a bill of sale to the above mentioned personal property and deposited the same with Hon. Everett E. Hunt as escrow holder. And while the written contract to sell the real and personal property fixed a consideration of $ 3,500.00, the deed recites a cash consideration of $ 10.00, "and other valuable considerations."

About three years after the execution of the above mentioned contract, bill of sale and deed, to wit, the 7th day of September, 1943, William Edwards died at Sandpoint, Idaho.

September 16, 1943, A. W. Edwards filed the following complaint in the District Court of the Eighth Judicial District of the State of Idaho in and for the County of Bonner, against Rex Tenney, H. C. Tenney and Jane Doe Tenney, husband and wife, and Joseph Chondick:

"That plaintiff is now and for more than thirty years last past, has been a resident of Aroostock County, State of Maine.

"That the plaintiff above named, is now, and since the 9th day of July, 1917 has been, the owner, and in possession of, subject to the right of his brother William Edwards, of Sagle, Idaho, to a life estate therein, that certain parcel of land in Bonner County, Idaho described as follows, to-wit:

"All of the Northwest Quarter of Section Twenty-one, Township fifty-six North, Range Two, W. B. M. lying and being North of the Northern Pacific Railway Right-of-Way, containing 63 acres, subject to easements and reservations. (Being the same real property described in the sale contract.)

"That William Edwards died at Sandpoint, Idaho, on the 7th day of September, 1943 and that he, his heirs, successors or assigns have no further right, title nor interest in and to said property.

"That the said defendants claim and assert an interest therein adverse to the plaintiff, and that the claims of said defendants are without any right whatever, and that the said defendants have not, nor have any of them, any estate, right, title or interest whatever, in said land or premises, or any part thereof."

October 30, 1943, Rex Tenney, H. C. Tenney and Jane Doe Tenney answered, specifically denying the material allegations of the complaint and then and by what is called "an affirmative defense" (in legal effect a cross-complaint to quiet title), alleged as follows:

"That H. C. Tenney, Rex Tenney, and Jane Doe Tenney are residents of Bonner County, State of Idaho.

"That the defendants H. C. Tenney and Rex Tenney are the owners of the real estate heretofore described by virtue of the fact that on the 25th day of September, 1940, the said defendants, H. C. Tenney and Rex Tenney, purchased from A. William Edwards all of the real estate described in plaintiff's complaint. That said purchase was evidenced by a Warranty Deed made, executed and delivered by A. William Edwards to the defendants H. C. Tenney and Rex Tenney, and that said Warranty Deed is of record in the office of the County Recorder, Bonner County, State of Idaho, being recorded in Book 66 of Deeds at page 639, records of the County Recorder of Bonner County, State of Idaho. That a copy of said Warranty Deed is attached hereto, incorporated herein, marked Defendants' Exhibit "A" and made a part of this Answer by reference.

"That for more than 26 years prior to the filing of the complaint herein, these answering defendants and their predecessors in interest have been in possession of said premises, holding the same adverse to all of the world and during said period of time, have paid all taxes and assessments levied against said premises and have made improvements thereon at their own expense in an amount of not less than Three Thousand ($ 3,000.00) Dollars. That the plaintiff herein has never at any time been in possession of said premises or any part thereof nor has the said plaintiff paid any taxes or assessments thereon nor has the said plaintiff ever at any * prior to the filing of his complaint herein, claimed ownership in and to said premises or any part thereof." [*Sic.]

The main suit and cross-suit were tried to the court January 5, 1944. February 26, 1944, the court made and filed findings of fact and conclusions of law. The findings pertinent here are:

"That the plaintiff (respondent A. W. Edwards) above named, is now and since the 9th day of July, 1917 has been, the owner of, subject to the right of his brother, William Edwards, of Sagle, Idaho to a life estate therein, that certain parcel of land in Bonner County, Idaho described as follows, to-wit: (Then follows a description of the real property involved in this suit.)

"That William Edwards died at Sandpoint, Idaho on the 7th day of September, 1943 and that he, his heirs, successors or assigns have no further right, title nor interest in and to said property. That William Edwards purchased said property for his brother, A. W. Edwards, to reward his brother for the care said brother furnished his parents, and for the further purpose of depriving his wife of any interest she might have had in said property.

"That the said defendants claim and assert an interest therein adverse to the plaintiff, and that the claims of said defendants are without any right whatever, and that the said defendants have not, nor have any of them, any estate, right, title or interest whatever, in said land or premises, or any part thereof.

"That no service of copy of summons and complaint, in this action was had upon the defendant, Joseph...