Rice v. Rigley

Citations

• 7 Idaho 115
• 61 P. 290
• 1900 Ida. LEXIS 23

Syllabus

<p>Mining Claims — Grub Stake Contract — Resulting Trust. — To establish a resulting trust in land, the evidence must he so clear and certain as to leave no well-founded doubt upon the subject.</p> <p>Evidence — Weight of — Specific Performance. — In an ordinary equity suit, the allegations of the complaint may be established by a preponderance of the evidence, but to establish a trust in land, and to obtain a decree for specific performance, the contract sought to be enforced must bei fully and clearly proved. A mere preponderance of evidence is not sufficient.</p> <p>Competency of Witnesses. — Under the provisions of subdivision 3, section 5957 of the Revised Statutes, in an action against an administrator to establish a resulting trust in land, the plaintiff in such action is disqualified from being a witness as to matters of fact occurring before the death of such deceased person. Nasholds v. MeDonell, 6 Idaho, 377, 55 Pac. 891, overruled on that point.</p> <p>Section 5957 of the Revised Statutes Construed. — The term “claim or demand,” as used in said section 5957, embraces all rights of action for the establishment of a. trust in land, as well as claims or demands for debts or damages against the estate of a deceased person.</p> <p>(Syllabus by the court.)</p>