Spaulding v. Collins

Citations

• 51 Wash. 488
• 99 P. 306
• 1909 Wash. LEXIS 1217

Syllabus

<p>Equity — Laches—Trusts in Real Estate — Lapse of Time. Where a husband and wife conveyed premises on which they lived to a third party, under a verbal agreement that the grantee would redeem the same from a mortgage and hold the same in trust for his wife, and the husband afterwards left the state, secured a divorce from his wife, and made no claim to the property for twenty years, he is barred by laches from setting up the trust or asserting any interest in the land.</p> <p>Trusts — Express or Resultino Trusts — Oral Evidence to Establish. An absolute deed for the expressed consideration of one dollar, made to a third person by mortgagors pending foreclosure, under an oral agreement by the grantee to advance the money to redeem from the mortgage and to hold the land in trust for the use of one of the mortgagors until the sum advanced is repaid, is an express and not a resulting trust, and oral evidence is inadmissible to establish the same, under Bal. Code, § 4517, requiring contracts creating an incumbrance on real property to be by deed.</p> <p>Same — Part Performance — Adverse Possession by Grantor. In such a case, continued possession of the mortgaged property by the mortgagor cestui que trust for twenty years after execution of the deed, by consent of the grantee and without payment of rent or any accounting, is not such part performance of the trust as to take the same out of the operation of the statute of frauds, or to permit of parol evidence to establish the trust; and such possession is not adverse to the grantee.</p>