Duncan v. Johnson

Citations

• 89 Kan. 21
• 130 P. 655
• 1913 Kan. LEXIS 5

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Special Findings — Should Contain Conclusion of Facts — Not the Evidence Thereof. Special findings should contain the facts and not the evidence thereof, but when it appears that the trial court must have believed the things shown by such evidence, no prejudicial error was committed in refusing to . find the ultimate facts instead of their evidentiary basis.</p> <p>2. Conflicting Claims — Conflicting Evidence — Decision Must Stand. Two conflicting claims were made respecting a land transaction, one amounting to an ownership in common, the other to a separate title in the defendant. Each claim was supported by competent evidence and the trial court, having seen and heard the claimants, believed the former, and decided accordingly. Held, that such decision must stand.</p> <p>3. Resulting Trust — Under Verbal Agreement — Statute of Frauds. When two parties purchase a tract of land for their mutual profit and the consideration is paid by one of them and the deed made to him with the verbal agreement that he is to hold for both unless other arrangements are subsequently made, the statute of frauds does not preclude an action by the other party to be adjudged the owner of an undivided one-half of the land, and for an accounting.</p>