Hayes v. Horton
Oregon Supreme Court
From Harney: George E. Davis, Judge- Statement by Mr. Justice Bean. This is a suit by Etta Hayes against Horace M. Horton for partition of real property. The plaintiff and defendant were wife and husband from December, 1888, to April 27, 1903, when they were divorced by a decree of the circuit court for Harney County in a suit brought for that purpose by the defendant.
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From Harney: George E. Davis, Judge- Statement by Mr. Justice Bean. This is a suit by Etta Hayes against Horace M. Horton for partition of real property. The plaintiff and defendant were wife and husband from December, 1888, to April 27, 1903, when they were divorced by a decree of the circuit court for Harney County in a suit brought for that purpose by the defendant. In May, 1891, the property in question was purchased by the defendant, and, at his instigation, conveyed to himself and wife. He soon thereafter constructed a building thereon, and otherwise' improved the. property, at a cost…
1Opinion of the CourtJustice Bean
1. There is a conflict in the evidence as to whether defendant furnished the money with which to purchase and improve .the property; in dispute, or whether a part of it was provided by the plaintiff, but that question is really immaterial. It is a general rule of law that where the purchase price of land is paid by one person, and the. title taken in the name of another, the grantee will hold it in trust for the person furnishing the money, even without a declaration to that effect: 2 Story, Eq. (13 ed.), § 1201. But this rule does not apply to a purchase by a husband in the name of his wife,…
2Cases cited6 opinions
- Stelz v. . ShreckNew York Court of Appeals · 1891
- Guthrie v. GardnerNew York Supreme Court · 1838
- Russell v. RussellSupreme Court of Missouri · 1894
- Howell v. FolsomOregon Supreme Court · 1900
- Noblitt v. BeebeOregon Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Bernatavicius v. BernataviciusMassachusetts Supreme Judicial Court · 1927
- Sharpe v. BakerIndiana Court of Appeals · 1911
- Stout v. Van ZanteOregon Supreme Court · 1923
- Mendenhall v. WaltersSupreme Court of Oklahoma · 1916
- Ganoe v. OhmartOregon Supreme Court · 1927
18 more not listed; retrieve them via the Exa API.