RESULTING TRUST-STATUTE OF FRAUDS-ADVANCE OF PURCHASE MONEY IN EXCHANGE FOR TRANSFEREE'S PROMISE TO FURNISH A LIFE HOME FOR THE PAYOR

Authors

Craig E. Davids S. Ed., University of Michigan Law SchoolFollow

Abstract

Plaintiff, an illiterate sharecropper, advanced money to purchase an eighty acre farm, record title being taken in the name of defendant and wife with whom plaintiff had been living for more than a year pursuant to an agreement that defendant was to furnish plaintiff with a home for life. The arrangement worked satisfactorily for more than thirty years, during which time the premises were improved and a mortgage discharged by plaintiff. Defendant then remarried and the friction which followed was climaxed by defendant ordering plaintiff off the premises. Suit was filed in equity, under an Oklahoma statute to have defendant declared constructive trustee and plaintiff the equitable owner. Held, one justice specially concurring in the reversal of the judgment of the lower court, although dissenting with the holding of the majority that the presumption of resulting of the fee was rebutted by parol evidence, and that plaintiff should have a life tenancy in an undivided half interest in the farm. Brinkley v. Patton, (Okla. I944) 149 P. (2d) 261.

Recommended Citation

Craig E. Davids S. Ed., RESULTING TRUST-STATUTE OF FRAUDS-ADVANCE OF PURCHASE MONEY IN EXCHANGE FOR TRANSFEREE'S PROMISE TO FURNISH A LIFE HOME FOR THE PAYOR, 43 Mich. L. Rev. 624 (1944).
Available at: https://repository.law.umich.edu/mlr/vol43/iss3/14