Petrain v. Kiernan

Citations

• 23 Or. 455
• 32 P. 158
• 1893 Ore. LEXIS 45

Syllabus

<p>Possession of Property — Notice to Purchaser. — The effect of the possession of real property is to excite inquiry in reference to the title. Even where the record title is perfect, a knowledge of extraneous facts sufficient to put a purchaser on inquiry, will charge him with all the knowledge that he might have obtained by a reasonable investigation.</p> <p>Purchaser prom Holder of Legal Title — Trust. — Where a cestue que trust is in possession of real estate the legal title to which is in another, a purchase from the latter takes it charged with notice of the trust.</p> <p>Trust — Notice —Evidence.—In a suit to enjoin an action at law for the recovery of a certain lot, and to establish a trust in favor of plaintiff, there was evidence that with money left by plaintiff’s deceased mother in a bank, in the name of plaintiff’s sister, their father purchased, in the latter’s name, a certain lot; that this lot was exchanged by the father for four lots, to one of which he retained title; that he afterwards conveyed such lot to a contractor to pay for a dwelling on one of the other three (the lot in dispute); that plaintiff had occupied the lot ever since the house was erected, several years prior to bringing this suit; that it was the understanding of the father and plaintiff from the statements of the sister that plaintiff was to have the property in dispute as her share in the division of the money left by their mother; and that defendants obtained title since the occupancy by plaintiff by mesne conveyances from the sister. Held, that a decree for plaintiff was proper.</p>