Pittock v. Pittock
Idaho Supreme Court
APPEAL from the District Court of Nez Perce County. Hou. Edgar C. Steele, Judge. Action in ejectment with cross-action to declare a resulting trust. Judgment for plaintiff. “A resulting trust, being one which results by implication or construction of law, does not fall within the provisions of the statute of frauds, and may be established by parol evidence.” (Bates v. Kelly, 80 Ala. 142; Harden v. Darwin, 66 Ala. 55; Bose v. Gibson, 71 Ala. 35; Boyd v. McLean, 1 Johns.
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APPEAL from the District Court of Nez Perce County. Hou. Edgar C. Steele, Judge. Action in ejectment with cross-action to declare a resulting trust. Judgment for plaintiff. “A resulting trust, being one which results by implication or construction of law, does not fall within the provisions of the statute of frauds, and may be established by parol evidence.” (Bates v. Kelly, 80 Ala. 142; Harden v. Darwin, 66 Ala. 55; Bose v. Gibson, 71 Ala. 35; Boyd v. McLean, 1 Johns. Ch. 582; Lehman v. Lewis, 62 Ala. 129; Walker v. Elledge, 65 Ala. 51; Rhea v. Tucker, 56 Ala. 450; Richardson v. Taylor, 45…
1Opinion of the CourtSullivan, J.
The complaint in this action contains the usual allegations in an action in ejectment. It alleges that plaintiff is seised in fee, the owner of, and entitled to the pos*428session of that certain land or lot described in the complaint, it being a lot or lots situated in the city of Lewiston, with a dwelling-house and other improvements thereon. It is alleged that while the plaintiff was so seised of said premises, the defendant without right or title entered into the possession of said premises and ousted and ejected the plaintiff therefrom, and now unlawfully withholds the possession thereof…
2Cases cited8 opinions
- Rogan v. WalkerWisconsin Supreme Court · 1853
- Bates v. KellySupreme Court of Alabama · 1885
- Towle v. WadsworthIllinois Supreme Court · 1893
- Church v. SterlingSupreme Court of Connecticut · 1844
- De Roboam v. SchmidtlinOregon Supreme Court · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Shepherd v. DouganIdaho Supreme Court · 1937
- Reid v. KeatorIdaho Supreme Court · 1934
- Kelley v. YadonIdaho Supreme Court · 2011
- Aker v. AkerIdaho Supreme Court · 1933
- Rexburg Lumber Co. v. PurringtonIdaho Supreme Court · 1941
12 more not listed; retrieve them via the Exa API.