Croup v. DeMoss

Citations

• 78 Wash. 128
• 138 P. 671
• 1914 Wash. LEXIS 989

Syllabus

<p>Frauds, Statute op — Resulting Trust. An oral agreement to purchase an interest in a mining claim for tbe use and benefit of another, is, standing alone, unenforeible under the statute of frauds; and its breach does not give rise to a resulting trust.</p> <p>Trusts — Resulting Trust — Evidence. A resulting trust in land must be established by evidence that is clear and convincing.</p> <p>Trusts — Resulting Trust — Establishment. There is no resulting trust from the purchase of an interest in a mine under an oral agreement to do so for the use and benefit of another, where the trustee did not pay or advance any of the money to make the purchase.</p> <p>Vendor and Purchaser — Bona Fide Purchaser. A resulting trust cannot be claimed against a 6ona fide purchaser from the cestui que trust, the trustee having asserted no claim for three years after the alleged creation of the trust.</p> <p>Costs — Discretion. Costs are largely discretionary, where each party has sought to gain entire control of property jointly owned.</p>