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Keywords

plaintiffstatutetrustpatentstatute of limitations

plaintiffdefendantstatutetestimonytrustwillpatentstatute of limitations

Related Cases

Burdette v. May, 100 Mo. 13, 12 S.W. 1056

Facts

The plaintiffs, Sarah Burdette and others, alleged that James May entered land in his own name instead of his mother, Elizabeth May, who had provided the money for the purchase. The entry was made in 1848, and both Elizabeth and her husband, Gabriel May, lived on the property until their deaths in 1863 and 1865, respectively. The plaintiffs claimed that a trust existed in their favor as heirs of Elizabeth May, but the court noted that Elizabeth was aware of the transaction as early as 1857, and the claim was not brought until 1883, long after the statute of limitations had expired.

Plaintiffs' claim is that money was furnished to defendant James May to enter the land in question for his mother, Elizabeth May; that he made the entry in his own name, obtaining a patent accordingly, in 1848; and that Elizabeth and her husband, Gabriel May, together with the defendant James, resided upon and improved the estate during their joint lives.

Issue

Did the plaintiffs establish a resulting trust in favor of Elizabeth May, and is their claim barred by the statute of limitations?

Rule

To establish a resulting trust, the evidence must be clear, strong, and unequivocal. Additionally, the statute of limitations for actions regarding the recovery of real estate is ten years from the time the cause of action accrued, with certain exceptions for disabilities.

The rule which prevails in this state, the general rule elsewhere upon the subject of resulting trusts, requires that in order to prove such a trust it must be established by testimony so clear, strong, and unequivocal as to banish every reasonable doubt from the mind of the chancellor respecting the existence of such trust.

Analysis

The court analyzed the evidence presented by the plaintiffs, noting that it primarily consisted of verbal admissions from James May, which were deemed insufficient to establish a resulting trust. The court emphasized that the admissions were made long before the patent was issued to James May, and the lack of action from the other heirs over many years weighed against the plaintiffs' claims. Furthermore, the court found that the statute of limitations began to run in 1863 when Elizabeth May became discovert, and the plaintiffs failed to bring their claim within the required time frame.

The testimony in this cause, it will be observed, is made up, for the most part, of the verbal admissions of the party against whom the resulting trust is sought to be established.

Conclusion

The court concluded that the plaintiffs did not establish their claim for a resulting trust and that their action was barred by the statute of limitations. Therefore, the judgment of the lower court was affirmed.

For these reasons, it must be held that the claim of plaintiffs has not been established in the manner demanded by the authorities heretofore quoted.

Who won?

James May prevailed in the case because the court found that the plaintiffs failed to provide sufficient evidence to establish a resulting trust and that their claim was barred by the statute of limitations.

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