Lehrling v. Lehrling

Citations

• 84 Kan. 766
• 115 P. 556
• 1911 Kan. LEXIS 415

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Deeds — Warranty—Resulting Trust — Quieting Title. The owner of a farm was pressed by litigation upon a liability requiring immediate attention. His children, in whose care he had left the farm, negotiated a settlement of this claim and by letter advised their father, who was then in Germany, to convey the farm to them in order that they might, as stated in their letter, borrow the money necessary to make- the settlement upon a mortgage to be given by them upon the land. He approved the settlement, executed the deed they had sent to him, and returned it to the grantees, who thereupon borrowed the necessary money, gave their note therefor with a mortgage upon the land to secure its payment, and used the money as they had proposed in payment of the claim referred to, and necessary expenses. The father .then returned to his home, resumed possession of the farm, and paid all expenses and indebtedness incurred by his children in the matter in full. About fifteen years after resuming possession of the land, he commenced this action against his sons and daughter, grantees in the deed, to quiet his title to the farm; they pleaded ownership of the land in fee simple under the deed referred to, subject only to the use thereof by their father during his lifetime. It is held, that the action to quiet title may be maintained; that the grantees in the deed took the legal title in trust, arising by- implication of law from the facts stated, to raise the money required, for their father’s use, and that the purposes of the trust having been accomplished, the mortgage satisfied, and all expenses paid, the father is entitled to a decree quieting his title.</p>