Clapp v. Ervay

Citations

• 46 Wash. 290
• 89 P. 883
• 1907 Wash. LEXIS 607

Syllabus

<p>Quieting Title — Trust or Estate Reserved — Evidence—Sufficiency. Where a judgm'ent creditor is seeking to subject to his judgment, lands held in fee by plaintiffs’ daughter and son-in-law, claimed by plaintiffs to be held in trust for them to secure a life estate therein, plaintiffs’ action to quiet title is properly dismissed for insufficiency of the evidence, where the plaintiffs’ evidence of such trust appears not entitled to credit and inconsistent with their acts indicating that the land was conveyed and held in fee simple in consideration of a personal agreement to support the parents for life without any intent to reserve any lien or interest in the land.</p>