Irwin v. Holbrook

Citations

• 26 Wash. 89
• 66 P. 116
• 1901 Wash. LEXIS 611

Syllabus

<p>TRUSTS — CONVEYANCE OF REAL ESTATE TO TRUSTEE IN ORDER TO DISCHARGE DEBTS-CONTINUANCE OF TRUST RELATION.</p> <p>Where a conveyance of real estate was made to a person with authority to sell it, pay certain debts of the grantor, and account to him for the excess, the relation of trustee and eestui que trust. was thereby established, which was not discharged by the sale of the property and the payment of the debts by the grantee so as to alter the relation of the parties to that of debtor and creditor, but the trust attached to the money realized and the grantee’s duty to account became continuous.</p> <p>SAME — LIMITATIONS—ACCRUAL OF ACTION-KNOWLEDGE OF FRAUD.</p> <p>An action against a trustee for relief on the ground of fraud is proof against demurrer setting up the bar of the statute of limitations, when the complaint contains a direct statement of the time of the discovery of the fraud within the statutory period for action thereon, without negativing the idea that it might have been sooner discovered.</p>