Shebley v. Quatman

• Citation: 134 P. 68,66 Or. 441
• Parties: SHEBLEY v. QUATMAN et al.
• Decision Date: 16 September 1913
• Court: Supreme Court of Oregon

134 P. 68

66 Or. 441

SHEBLEY v. QUATMAN et al.

Supreme Court of Oregon

September 16, 1913

Appeal from Circuit Court, Jackson County; F.M. Calkins, Judge.

Suit by J.G. Shebley against A.G. Quatman and another. From a decree for dependants, plaintiff appeals. Affirmed.

This is a suit to have defendant Quatman declared trustee for plaintiff of certain lands situated in Jackson county.

The complaint, in substance, alleges that plaintiff is a skilled and experienced miner and prospector, and that by virtue of such skill and experience and his research and prospecting of the lands described in the complaint he had discovered such lands to be rich in mineral; that he informed defendant Kendrick of what he knew of the land, and the latter, in consideration of such knowledge of plaintiff and of his skill, experience, and assistance, offered to find parties able and willing to advance the necessary funds to purchase said premises, and it was then and there, on June 1, 1909 covenanted and agreed between plaintiff and defendant Kendrick that the latter should find the party or parties who would, on account of the discoveries of the plaintiff, and on account of the knowledge of the skill and experience of the plaintiff as a miner, for a third of said property, advance the necessary funds to purchase the same, and that said defendant Kendrick and this plaintiff should each have an undivided one-third of said property as their own.

The complaint further states: "That in accordance with said agreement said defendant Kendrick, with the aid and assistance and advice of the plaintiff, persuaded G.A Barceloux, W.E. Scearce, and C.L. Donohoe to advance and pay out the necessary funds, to wit, $11,500, to purchase and pay for said lands, and the said Barceloux, Scearce, and Donohoe did, in consideration that they, between them, should become the owners of the undivided one-third of said premises, and the said Kendrick and the said plaintiff should each become the owners of the undivided one-third of said premises on, to wit, November 5, 1909, pay unto Joseph Wakeman and Nancy Carter the price of said premises as aforesaid, and that the said Wakeman and Carter then and there conveyed said premises unto the said defendant J.K. Kendrick in trust for the use and benefit of himself and plaintiff to the extent of the undivided one-third each, and the said Barceloux, Scearce and Donohoe to the extent of the undivided one-third between them. *** That the lands hereinbefore referred to, and which were purchased and taken by said defendant Kendrick in trust as aforesaid under said contract, are described as follows to wit: [Here follows description of the land.] *** That on to wit, on or about May 18, 1909, without the knowledge or consent of the plaintiff, and against the wish and will of the plaintiff, the defendant Kendrick, by his deed that day made, conveyed said premises unto the defendant A.H. Quatman. *** That said defendant Quatman paid no money, gave nothing of value, made no promise, entered into no obligation whatever, and gave nothing nor did anything of value whatever as consideration for said premises for said conveyance. *** That said premises are of great value, to wit, more than the sum of $30,000. *** That the said defendant Quatman took the said conveyance of said premises with full knowledge of the rights of the plaintiff in and to said premises and as hereinbefore set forth. *** That plaintiff is informed and believes and on such information and belief avers that the said conveyance of said premises by said defendant Kendrick to said defendant Quatman was made and done in order to defraud this plaintiff of his rights in and to said premises. *** That since the making of said conveyance plaintiff has demanded of each and both of the defendants that they convey to him the undivided one-third of said premises, and has asked that they make and deliver to him, in such form that it may be recorded in the office of the county recorder of Jackson county, Ore., a declaration in writing which will show his right, title, interest, and estate as aforesaid in and to said premises. *** That each of the said defendants have neglected and refused and now neglect and refuse to make said conveyance or said declaration, and they each now allege that the plaintiff does not now have and never had any right, title, interest, or estate in or to said lands or any portion thereof."

Then followed a prayer for a decree, declaring the trust, requiring Quatman to convey to plaintiff, and asking general relief. The defendant Kendrick was not served, and the defendant Quatman answered, denying plaintiff's allegations as to his skill and experience and his agreement with Kendrick, and as to any trust relation between Kendrick and plaintiff, and denied the allegation that he paid no money, nor gave anything of value for the lands, and alleged that the conveyance to him by Kendrick was made for a good and valuable consideration, in good faith and free and clear from incumbrances, and without any knowledge of any rights of plaintiff in the premises. Further denials and a reply put the case at issue.

On the trial it appeared that Kendrick...