Ducie v. Ford

Citations

• 138 U.S. 587
• 11 S. Ct. 417
• 34 L. Ed. 1091
• 1891 U.S. LEXIS 2350

Syllabus

<p>A trust may result to him who pays the consideration for real estate where the title is taken out in the name of another, which is not within- the statute of frauds, and it may be shown, by parol testimony, whose money was actually paid for it; but such .trust must hare arisen at the time the purchase was made, and the whole consideration must have been paid or secured at the time of, or prior to, the purchase, and a bill in equity to enforce it must show without ambiguity or equivocation that the whole of the consideration appropriate to that share of the land which the plaintiff claims by virtue of such payment, was paid before the deed was taken.</p> <p>Two parties had located and claimed a lode. Plaintiffs were preparing to contest defendant’s application for a patent when it was agreed orally that they should relinquish to him such possession as they had, in consideration of his agreeing to purchase the land upon their joint account. He took out a patent and worked the lode. In an action to have him decreed to hold one-half as trustee for the plaintiffs, Held, that such taking possession was not part performance of the contract so as to take it out of the statute of frhuds.</p>