Denny v. Holden

Citations

• 55 Wash. 22
• 103 P. 1109
• 1909 Wash. LEXIS 701

Syllabus

<p>Trusts — Resulting Trusts — Evidence—Sufficiency. In order to establish a trust in mining claims by virtue of a parol agreement, for an interest, the testimony must be clear, cogent, and convincing; and is insufficient, where the trust is based on a grub stake agreement whereby defendant was to prospect and locate mining claims for, and as an equal partner of, the plaintiff, who was to furnish the funds, and where the evidence as to such an arrangement is conflicting, the plaintiff and defendant were close friends, the plaintiffs letters indicate that at first he claimed no legal interest in the property, he did not furnish any of the money to develop the mine, made no claim to it during five years that it was being developed at great expense, and his evidence at the trial ten years after the agreement is unsatisfactory.</p>