Snider v. Johnson
Oregon Supreme Court
Appeal from Douglas: H. K. Hanna, Judge. This is a suit by Elizabeth Snider against John Y. E. Johnson and wife to establish a resulting trust in land.
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Appeal from Douglas: H. K. Hanna, Judge. This is a suit by Elizabeth Snider against John Y. E. Johnson and wife to establish a resulting trust in land. The facts show that one Solomon Abraham, on May twentieth, eighteen hundred and sixty-nine, was the owner of lot eight, block twenty-seven, in Eoseburg, Douglas County, Oregon, and on that day executed and delivered to plaintiff a bond for a deed, in which he covenanted to convey to her the legal title thereto in consideration of two hundred and seventy-five dollars, of which one hundred dollars was then paid, and the remainder was evidenced…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. The defendant contends that the plaintiff, having set up her cause of suit upon an alleged resulting trust, the plea of the statute of limitations may be interposed in bar thereof. The principle is elementary that time does not bar a direct trust when the relation of trustee and cestui que trust is admitted to exist, ( Manaudas v. Mann, 22 Or. 525, 30 Pac. 422,) but courts will not enforce a resulting trust after a great lapse of time, or laches on the part of the supposed cestui que trust: Perry on Trusts, § 141. There is, however, an exception to the…
2Cases cited13 opinions
- Boyd v. M'LeanNew York Court of Chancery · 1815
- Love v. WatkinsCalifornia Supreme Court · 1871
- Baker v. ViningSupreme Judicial Court of Maine · 1849
- Lakin v. Sierra Buttes Gold Min. Co.United States Circuit Court · 1885
- Gilbert v. SleeperCalifornia Supreme Court · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hayden v. DannenbergSupreme Court of Oklahoma · 1914
- Wright v. BrooksMontana Supreme Court · 1913
- Chance v. GrahamOregon Supreme Court · 1915
- Hughes v. HelzerOregon Supreme Court · 1947
- Barnes v. SpencerOregon Supreme Court · 1915
6 more not listed; retrieve them via the Exa API.