Snipes v. Kelleher

Citations

• 31 Wash. 386
• 72 P. 67
• 1903 Wash. LEXIS 640

Syllabus

<p>LACHES-ENFORCEMENT OF TRUST.</p> <p>An agreement whereby a mortgagee was to be permitted to foreclose without opposition on the understanding that he was to make a declaration of trust in the premises in favor of the mortgagor cannot be enforced by reason of the laches of plaintiff, where suit to enforce it was not brought until four months after the death of the alleged trustee, at a date more than seven years after such trustee had acquired title under the foreclosure, the only excuse for delay being that he had promised to •execute a declaration of trust at various times, and had refused so to do at a period only three months prior to his death.</p> <p>EQUITY-ENEORCEMENT OE EBATTDUI.ENT AGREEMENT.</p> <p>A court of equity will not lend its aid to declare a trust in favor of plaintiff where it appears that plaintiff, while insolvent, had entered into an agreement with the holder of a first mortgage on his lands, against which there were liens held by a second mortgagee and judgment creditors, that such first mortgagee should foreclose thereon and plaintiff would allow judgment to go by default, after which such mortgagee was to declare a trust in favor of plaintiff; and that the mortgage was foreclosed for the sum of nearly $17,000 in excess of the amount actually due, without the knowledge of other creditors, and the land sold and bid in for the amount of such excessive judgment.</p>