Nasholds v. McDonell
Idaho Supreme Court
APPEAL from District Court, Lemhi County. Where the title to real property passes by the agreement and consent of the parties, by deed absolute’ in form, expressing a valuable consideration, in the absence of fraud, mistake or a fiduciary- relation, a trust cannot be grafted into the transaction or the terms of the deed overcome by parol testimony; the transaction comes within the statutes of fraud- (Perry on Trusts, par. 83; Flint v. Sheldon, 13 Mass. 443, 448, 7 Am.
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APPEAL from District Court, Lemhi County. Where the title to real property passes by the agreement and consent of the parties, by deed absolute’ in form, expressing a valuable consideration, in the absence of fraud, mistake or a fiduciary- relation, a trust cannot be grafted into the transaction or the terms of the deed overcome by parol testimony; the transaction comes within the statutes of fraud- (Perry on Trusts, par. 83; Flint v. Sheldon, 13 Mass. 443, 448, 7 Am. Dec. 162; Browne on Statute of Frauds, par. 106; 10 Am. & Eng. Ency. of Law, 59, and notes.) The cases all recognize that the…
1Opinion of the CourtHeston, J.
— Plaintiff brings this action to establish a trust in his behalf in certain real estate situated in Salmon City, Lemhi county, Idaho, and to compel defendant to convey to him a one-half interest in said property. The case was tried by *381tbe court with a jury. The facts, as shown by the record and found by the jury, are substantially as follows: in the year 1882 plaintiff and Egbert Nasholds, the husband of appellant, were partners engaged in the business of running a stage line in Lemhi county, Idaho. In September of that year, plaintiff and said Nasholds purchased of one Calvin the real…
Also in this document: Concurrence.
2Cases cited2 opinions
- White v. SheldonNevada Supreme Court · 1868
- Myers v. ReinsteinCalifornia Supreme Court · 1885
3Cited by10 opinions
- Woodard v. Glenwood Lumber Co.California Supreme Court · 1915
- In Re Silver's EstateMontana Supreme Court · 1934
- Rice v. RigleyIdaho Supreme Court · 1900
- Olympia Mining & Milling Co. v. KernsIdaho Supreme Court · 1913
- Coe v. SloanIdaho Supreme Court · 1909
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