Clayton

This is an action to establish a resulting trust in land. The cause was tried by the court without a jury. Defendant Clayton, administrator, etc., appeals upon the judgment-roll.

The following is a condensed statement of the findings of fact: The land described in the complaint was conveyed to D. J. Murphy on the thirty-first day of August, 1887, upon the consideration of twenty-three thousand dollars then paid by said D. J. Murphy and the plaintiff jointly, plaintiff paying one-half thereof, namely, eleven thousand five hundred dollars, from her separate property and estate; from the date of said conveyance till on or about the twentieth day of June, 1893, when said D. J. Murphy died, said land was of record in his name; said conveyance was made to him with the knowledge and consent of plaintiff; from the date of said conveyance to the time of his death the premises remained in the apparent sole possession and ownership of said Murphy, and was managed and dealt with by him as apparently the sole owner thereof, with the plaintiff's knowledge and consent; the plaintiff (his mother), and the defendant Kate Murphy (his wife), were his only heirs at law; the defendant Clayton, by an…