Lehman v. Heuston

Citations

• 73 Wash. 154
• 131 P. 825
• 1913 Wash. LEXIS 1571

Syllabus

<p>Trusts — Establishment—Evidence—Sufficiency. The evidence is insufficient to establish a trust in tide lands, where it appears that partners, theretofore equally interested therein, had a full settlement and by written agreement dissolved all their relations, one partner at the same time executing to the other an absolute assignment of all his interests in the lands, after which he exercised no control over them and made no claim thereto for nearly ten years during the lifetime of the other, nor to moneys known to have been received from sales, and filed no claim therefor against his estate.</p> <p>Limitation of Actions — Recovery of Real Estate — Trusts. An action to recover from the widow of plaintiff’s former partner an undivided half of real estate as to which plaintiff claimed an equitable interest, is an action to recover real estate, and not to establish a trust, nor barred by the statute of limitations relating thereto.</p> <p>Trusts — Establishment—Evidence—Sufficiency. Findings that property was held in trust for the plaintiff are sustained, whore it appears that a mortgage was held in trust for him and that he caused the same to be foreclosed, and the title acquired by foreclosure was thereafter taken and held by plaintiff’s attorney, his former partner and friend, and held as security for taxes and assessments paid, the plaintiff being financially embarrassed; it appearing from a notation in the attorney’s docket in his handwriting that the mortgage liens were being foreclosed for the plaintiff.</p>