Noel v. Noel
Supreme Court of Iowa
Appeal from the Dubuque District Court, The' defendant, John E. Noel, is tbe owner in fee of the lot of ground which, is the subject of this suit. Nicholas Noel, the complainant and father of defendant, elaims that his son holds one-half of it in trust for him, and this suit is brought to compel a conveyance of that half.
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Appeal from the Dubuque District Court, The' defendant, John E. Noel, is tbe owner in fee of the lot of ground which, is the subject of this suit. Nicholas Noel, the complainant and father of defendant, elaims that his son holds one-half of it in trust for him, and this suit is brought to compel a conveyance of that half. The bill sets ■out, that the petitioner was the owner of a small farm and some personal property, whieh he conveyed and delivered to defendant, whieh he was to invest in the house and lot in controversy, together with other means to be furnished by defendant, and that the…
1Opinion of the CourtWright, C. J.
We do not think this decree can be sustained upon this testimony. • The legal title is concededly in the defendant. To divest it, upon the ground that he holds it, or any part of it, as trustee for the complainant, the testimony should be clear and satisfactory. It is a rule; too well understood to need repetition, that parol testimony to establish such trust should be received with great caution, and should be clear, and such as goes distinctly to prove the facts necessary to create such resulting interest. The testimony must not be loose and equivocal. It is contrary to every correct…
2Cases cited1 opinion
- Sayre v. TownsendsNew York Supreme Court · 1836
3Cited by15 opinions
- Acker v. PriestSupreme Court of Iowa · 1894
- Culp v. PriceSupreme Court of Iowa · 1899
- Andrew v. AndrewSupreme Court of Iowa · 1901
- Fifield v. GastonSupreme Court of Iowa · 1861
- MacGregor v. GardnerSupreme Court of Iowa · 1862
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