Wormouth v. Johnson

Myrick, J.: This is an action of ejectment. The answer of defendant, after denying plaintiff’s right and title, contains allegations, by way of cross-complaint, that defendant furnished one thousand five hundred dollars of her own money to her son, James King, then husband of plaintiff, for the purpose of purchasing the premises in controversy, with the understanding and agreement that the title was to be taken in his name, but for the use and benefit of the defendant, and in pursuance of such understanding he purchased the land with said money; that said understanding and agreement, and the fact that defendant’s money was used to make the purchase, was known to plaintiff; that in taking the deed, instead of having it made to said James King, it was agreed between him, King, and plaintiff, that the title should be conveyed to and held by plaintiff', and the deed was so made, and that plaintiff took the title with full notice of the equities of defendant, and full knowledge of the trust between defendant and said King; that plaintiff paid no consideration for the land, and that plaintiff took the title in trust for the use and benefit of defendant. The plaintiff’s answer to the cross-complaint denied these allegations.

Special issues were submitted to a jury, and upon such issues a verdict was returned as follows in substance:

James King in his life-time purchased of one Vierra the land in controversy, paying therefor fifteen hundred dollars, [623]which was not his property but was the property of his mother, the defendant. The plaintiff, with full knowledge of the facts and of the transaction between King and the defendant, procured Vierra to make a deed of gift of the premises to her (plaintiff), and there was no other consideration than the payment of the money from King to Vierra; the consideration for the transfer of the land by Vierra was paid for by defendant, and King received the money with the agreement or understanding that he would purchase the land for defendant’s benefit, and it was a part of the understanding that the conveyance should be made to said James King.

The court below, being advised by the verdict, found the following facts:

That James King in his life-time purchased from A. Vierra the land described, and paid as the purchase money fifteen hundred dollars, the property of defendant, the mother of said King; that plaintiff was at that time the wife of said King, and with full knowledge that the purchase money paid to Vierra was the property of defendant, procured Vierra to execute to her (plaintiff) a deed of said premises, in form a gift, but in fact the true consideration was the fifteen hundred dollars paid by said King to Vierra, as aforesaid; that the consideration of the transfer of the land from Vierra to plaintiff was paid for the use and benefit of defendant; that said King received said sum from defendant with an understanding and agreement that he would purchase the land for the use and benefit of defendant, and that the land should be conveyed to him.