Van Dyke v. Grigsby

Citations

• 11 S.D. 30
• 75 N.W. 274
• 1898 S.D. LEXIS 67

Syllabus

<p>1. Plaintiff advanced money at various times to D., to loan for him on real property, under an agreement that D. ,was to guarantee the principal and a certain rate of interest, irrespective of what the money might earn. It appeared that D. kept a debit and credit account with, plaintiff; crediting him with moneys received from all sources and debiting him with the loans as made. A mortgage was taken in D.’s name, with the knowledge oí plaintiff, to secure one of the loans to a third person; and it was subsequently foreclosed, and the property bid in by D. Held, that D. was not the agent of plaintiff, and hence he did not hold the legal title to the property as a resulting trust for plaintiff’s benefit; nor was there an involuntary trust, within the meaning of Comp. Laws, §§ 3919, 3920.</p> <p>2. The execution of a deed by the grantor, and placing it among the grantee’s papers, of which he had charge, but with no intention to deliver it except in case of his death, does not convey any title to grantee.</p>