Patrick v. Underwood

A demurrer' challenges for insufficiency a complaint which alleges: That one Allen, as associate and agent of defendant and others, bought land of plaintiff for the price of $510,000; that of this sum $110,000 was paid in cash; that in' payment of the residue Allen executed his promissory notes, took title to himself, and gave back a purchase-money mortgage as security for the notes; that defendant contributed her share of the cash payment and acquired a proportionate interest in the land; that Allen made and delivered a “ declaration of trust” acknowledging the respective interests of .the…