Holly Street Land Co. v. Beyer

Citations

• 48 Wash. 422
• 93 P. 1065
• 1908 Wash. LEXIS 886

Syllabus

<p>Trusts.— Resulting Trusts — Parol Evidence to Establish. There is an exception to the rule that a trust in real'property cannot be proved by parol, where an effort was made to oust parties in possession claiming adversely, and the trustee intervened for their benefit, taking a quitclaim deed in his own name for convenience; since equity will not permit such a trustee to assert title against the persons for whose benefit it was acquired.</p> <p>Husband and Wife — Community or Separate Property. Where separate property of a husband is conveyed in exchange for other property, the latter is not community property.</p> <p>Trusts — Deed by Trustee — Joinder by Wife. Where property is acquired by a married man as trustee for another, his wife need not join in a conveyance thereof.</p> <p>Trial — Reception of Evidence — Time for Objection. An objection to parol evidence of a deed, on the ground that there was no sufficient evidence of its loss, is waived if not made when the parol evidence was offered.</p> <p>Money Paid — ;Liens for — Ejectment' — Lien for Advances. A lien for moneys, advanced by a trustee in compromising a foreclosure suit for the benefit of defendants, cannot be asserted by innocent purchasers from the trustee, in their action of ejectment, upon their failure to sustain their title, especially where the advancement was made as a gift or in discharge of a legal obligation.</p> <p>Appeal — Review'—Questions Not Presented Below. Unsuccess- ■ ful plaintiffs in ejectment, entitled to a lien for taxes paid, cannot assert a claim therefor on appeal, when not presented in the court below.</p>