Payton v. Payton

On the controlling issues in this case the evidence is not in dispute. The plaintiff (the husband) purchased lands and paid the purchase-money thereof, but caused a deed thereto to be made to the father of the defendant (the wife). The grantee in the deed made two deeds to the land thus conveyed to him: the older, to the husband in execution of the implied trust, and the younger to the wife, but upon no valuable consideration. The deed to the wife was sooner recorded, she nevertheless executing to the husband a writing reciting and agreeing that the equitable title to the land and the…