Latham v. Scribner

Citations

• 45 Wash. 266
• 88 P. 203
• 1907 Wash. LEXIS 453

Syllabus

<p>Trusts — Express Trusts — Evidence to Establish — Sufficiency —Fraud—Quieting Title. In an action to quiet title brought to establish a trust by the owner of the land, who had negotiated a sale, against an alleged trustee holding the legal title and the purchasers, who had attempted to take title from such- trustee, there is sufficient evidence to support findings in favor of the plaintiff where it appears that the plaintiff had purchased and paid for the land, title being taken in the name of the trustee, that the trustee made no specific claim to the property, and that all the negotiations for the sale had been, between the plaintiff and the purchasers, who had paid plaintiff one-half the purchase price and given a note and mortgage to plaintiff for the balance, and who had subsequently taken title from the trustee giving a new note and mortgage without requiring a surrender of the first note, and it appearing that there was some evidence that the purchasers were informed as to the real ownership of the property.</p>