Vanbever v. Vanbever
Court of Appeals of Kentucky
Case 55 — PETITION EQUITY appeal prom bell circuit court. 1. As appellees have failed to show by legal evidence that they or either of them had any interest in or title to the land in controversy at the time of appellant’s purchase at the auditor’s sale, appellant’s alleged statements made at the sale can be considered nothing more than a statement of his intention to create a trust in favor of appellees.
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Case 55 — PETITION EQUITY appeal prom bell circuit court. 1. As appellees have failed to show by legal evidence that they or either of them had any interest in or title to the land in controversy at the time of appellant’s purchase at the auditor’s sale, appellant’s alleged statements made at the sale can be considered nothing more than a statement of his intention to create a trust in favor of appellees. This would be at most then an unexecuted or incomplete voluntary trust, which is not enforceable. (2 Pomeroy’s Eq. Jur., 2 ed., secs. 996, 997.) 2. If the statements alleged to have been…
1Opinion of the Court
JUDGE EASTIN
delivered the opinion of the court.
This action was brought by appellees, who are the widow and children of Wm. Vanbever, deceased, against appellant, George Vanbever, who is a brother of said decedent, for the recovery of a small tract of land in Bell County, Kentucky, and for the reasonable value of its use and occupation for a period of about nine years.
It is alleged, in substance, in the petition, that said Wm.' Vanbever purchased this land from one W. D. Howard, in *346the year 1879, and -was occupying and in possession of if at the time of his death, which occurred soon after…
2Cases cited2 opinions
- Miller's heirs v. AntleCourt of Appeals of Kentucky · 1867
- Crutcher v. HordCourt of Appeals of Kentucky · 1868
3Cited by3 opinions
- Hall v. . R. R.Supreme Court of North Carolina · 1907
- Bates v. BatesCourt of Appeals of Kentucky · 1918
- Harras v. HarrasWashington Supreme Court · 1910