Morris v. Reigel
South Dakota Supreme Court
Appeal from circuit court, Beadle county; Hon. J. H. McCoy, Judge. Suit by Prank A. Morris against Andrew Reigel. Prom a judgment for plaintiff, defendant appeals. Where the person claiming the beneficial interest in land purchased in another’s name has not actually paid any part of the purchase money it is not competent to raise 'a trust in his favor by showing, by parol, that the purchase was made by agreement for his benefit.
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Appeal from circuit court, Beadle county; Hon. J. H. McCoy, Judge. Suit by Prank A. Morris against Andrew Reigel. Prom a judgment for plaintiff, defendant appeals. Where the person claiming the beneficial interest in land purchased in another’s name has not actually paid any part of the purchase money it is not competent to raise 'a trust in his favor by showing, by parol, that the purchase was made by agreement for his benefit. Kendall v. .Mann, 11 Allen 17; Alexander v. Tams, 13 111. 223; Perry v. McHenry, 13 IÍ1. 227; Botsford v. Burr, 2 Johns cb. 405; Walter v. Klock, 55 Ill. 362; Tevy v.…
1Opinion of the CourtCorson, P. J.
This is an action by the plaintiff to compel the defendant to convey to him certain lots in the city of Huron, alleged to have been purchased by the defendant as the agent of the plaintiff, but the title to which was taken in the name of the defendant. The findings of fact, briefly stated, are as follows: That on or about the 25th day of February, A. D. 1902, the defendant entered into an agreement with the plaintiff whereby he agreed and undertook to represent the plaintiff in negotiating for the purchase of and in purchasing for the plaintiff, the said real estate, and in procuring from the…
2Cases cited4 opinions
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Rose v. HaydenSupreme Court of Kansas · 1886
- Brookings Land & Trust Co. v. BertnessSouth Dakota Supreme Court · 1903
- Luscombe v. GrigsbySouth Dakota Supreme Court · 1899
3Cited by5 opinions
- Carkonen v. AlbertsWashington Supreme Court · 1938
- Lamb v. SandallNebraska Supreme Court · 1938
- Watkins v. WaitsNebraska Supreme Court · 1947
- Bailey v. ColombeSouth Dakota Supreme Court · 1922
- Smith v. SmithDistrict Court, D. South Dakota · 2022