Hickson v. Culbert

Citations

• 19 S.D. 207
• 102 N.W. 774
• 1905 S.D. LEXIS 21

Syllabus

<p>1. In a suit by a husband to quiet title to land standing in the name of the wife, on the ground that he furnished the consideration for the conveyance to her, in order to overcome the presumption from title being in the wife, and the presumption that the payment .of the consideration by the husband was an advancement to the wife, the burden was on plaintiff to show the contrary by clear and convincing evidence.</p> <p>2. In a suit by a husband to quiet title to land standing in the name of the wife, on the ground that he had furnished the consideration for the conveyance, evidence held to show that all the consideration was paid by plaintiff, and that the conveyance was taken in the wife’s name for ’ convenience, and not with the intention of making an advancement to her.</p> <p>3. Rev. Civ. Code, § 303, provides that whenever .a transfer of real property is made to one person, and the consideration therefor is paid by or for another, a trust is presumed to result in favor of the person by whom the payment is made. Held that, in order to constitute a payment within the statute, it is not necessary that all the consideration be paid or secured at the time the deed is taken in the name of the alleged trustee.</p> <p>4. In order to create a trust under the statute it is not necessary that any agreement to such end be made, no agreement being contemplated by the statute.</p>