Riddle v. Henderson

Citations

• 124 Wash. 31
• 213 P. 480
• 1923 Wash. LEXIS 839

Syllabus

<p>Gifts (8)—Evidence—Weight and Sufficiency. While a completed gift is not shown by simply causing a note and mortgage to run to the donee, the donor retaining control of the note and making collections; yet, causing title to the mortgaged premises to vest in the donee through foreclosure proceedings clearly distinguishes the case from those lacking as a completed gift.</p> <p>Trusts (3)—Express Trusts—Parol Proof—Frauds, Statute of. There was an express trust in real estate, which cannot be shown by parol, where a well to do man caused a note and mortgage to be taken in the name of a needy brother, and later vested title in him through foreclosure proceedings, in pursuance of some understanding between them which was not evidenced by any writing.</p> <p>Executors and Administrators (86)—Claims—Effect of Filing —Bar—Claim of Title to Real Property. The failure to prosecute a suit against an administrator, upon the disallowance of a claim for the recovery of rent collected by the decedent, does not bar the claimant’s defense to the administrator’s action to quiet decedent’s title to the leased premises, legal title to which was in the claimant.</p>