Wilkerson v. Aven
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. J. M. Stevens, Presiding Judge. Action to quiet title in a trustee in bankruptcy to real estate standing in the wife’s name. Judgment for trustee. The fact that the husband managed the investment for appellant does not constitute a presumption of community property. The husband could only hold this property in trust for his wife.
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APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. J. M. Stevens, Presiding Judge. Action to quiet title in a trustee in bankruptcy to real estate standing in the wife’s name. Judgment for trustee. The fact that the husband managed the investment for appellant does not constitute a presumption of community property. The husband could only hold this property in trust for his wife. (Title Ins. & Trust Co. v. Ingersoll, 153 Cal. 1, 94 Pac. 94; Stickney v. Stickney, 131 U. S. 227, 9 Sup. Ct. 677, 33 L. ed. 136; Denny v. Denny, 123 Ind. 240, 23 N. E. 519;…
1Opinion of the CourtSullivan, C. J.
This action was brought by the plaintiff as trustee of the estate of H. B. Aven, a bankrupt, to quiet title to a tract of land consisting of about eleven acres in Orchard Heights Addition to the town of Caldwell, Canyon county. The cause was tried by the court without a jury and findings of fact, conclusions of law and judgment entered in favor of the plaintiff, quieting the title in him as trustee. The appeal is from the judgment.
*561The principal assignment of error is that the evidence is not sufficient to support findings Nos. 3, 5, 6 and 7.
The evidence shows that the appellant, Myrtle F.…
2Cases cited1 opinion
- Title Insurance Etc. Co. v. IngersollCalifornia Supreme Court · 1908
3Cited by9 opinions
- Gapsch v. GapschIdaho Supreme Court · 1954
- Ustick v. UstickIdaho Court of Appeals · 1983
- Shovlain v. ShovlainIdaho Supreme Court · 1956
- Littler v. JefferisIdaho Supreme Court · 1923
- Bannock National Bank v. Automobile Accessories Co.Idaho Supreme Court · 1923
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