Gerety

Action to enforce an alleged resulting trust.

The trial court found, in substance, that on February 13, 1906, pursuant to an existing oral agreement between them, plaintiff delivered to defendant the sum of $600, which, with $1,400 contributed by defendant, was to be used by him in acquiring in his own name, but for the joint use and benefit of plaintiff and defendant, in the proportion that $600 bears to $2,000, certain real estate, the purchase price of which was $3,500, payable $2,000 in cash, contributed as aforesaid, and the balance by giving a mortgage upon said real estate. That in accordance with said understanding and agreement so had between plaintiff and defendant the latter purchased the property, using the $600 contributed by plaintiff, together with $1,400 of his own funds, in making the cash payment of $2,000, and took the title in his own name as grantee, and executed a mortgage thereon whereby the balance of the purchase price of $1,500 was secured. As conclusions of law, the court found that plaintiff was the owner of an undivided three-tenths interest in the property, which interest was held in trust by defendant for plaintiff, and that plaintiff was entitled…