Soules v. McLean

Citations

• 15 Wash. 22
• 45 P. 653
• 1896 Wash. LEXIS 128

Syllabus

<p>APPEAL — JUDGMENT BELOW UPON REMAND.</p> <p>Where the appellate court has held that the appellant holds certain real estate in his own name in trust for a partnership of which he was a member, and that, upon payment to him of moneys advanced.for its purchase, for which he was entitled to a lien thereon, the remaining property or its proceeds should be divided among the partners according to their proportionate interests, the trial court on a remand of the case has no authority to enter an order that the respondent would be entitled to a deed conveying to him a certain .proportion of the trust property on his payment to appellant of respondent’s proportion of the indebtedness.</p>