The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-08-01
A Singular Case In Equity Is De-
clded in the District
Court.
Was Unfamiliar With English and
Knew Not What She
Signed.
Differences Betwoen Anna Miller and
Sally BuvGk Lead To tho Appoint
ment of \ Receiver, 4


The plaintiff sues the defendant in equity
to have him declared a trustee for certain
properties, which she alleges were. and ARE,
hers, but which by duress and fraud, she
conveyed to him by quit claim deed in 1889.
The plaintiff sets forth her ownership of IL
large amount of real estate in Lewis and
Clarke county, and AYERS tho legal title to
be in tho defendant. She alleges that the
title, although in the defendants name,
was purchased with her money and thai he
has held as trustee. Sho AYERS that for
over nine wears they lived together, and
that the defendant was kept and supported
by her; that they were engaged to be married
and that up to two months before Novem-
Der q, 1889, their relations were intimate
and she expected to marry defendant; that
while such relations existed between her
self and defendant, with her earnings she
purchased all the property described in her
complaint, but that the legal title was held
by the defendant astrustee for this plaintiff.
She alleges further that she gave defendant
$500 and hat he has in his possession GER
tain furniture belonging to her. and that in
1889 he began to abuse md maltreat her,
and was about to abandon her and thai she
became greatly distressed and troubled be-
cause of ill-treatmsnt of his, and that she
began to drink to excess, that while she was
intoxicated, and after repeated solicitations
on the part of the defendant and his at
torney, she being without counsel and fear
ing that the defendant would leave her
without restoring her property to her. yet
fearful to have him remain lest he should
continue to maltreat her, accepted $4,000
and executed to him quit claim deeds for
all the property described; that she is I'M
familiar with the English language, and
by reason of this fact and others she did
not know at the time she signed
the deed, its nature or contents, and
AYERS that the same was fraudulently
procured to be executed, and that
oil the acts OF the defendant set
forth were a part of a fraudulent scheme to
bring about a separation of plaintiff and
defendant, and to escape the obligation of
a promise to marry, and to obtain her
property. She further AYERS that the real
estate at the time of the execution was and
now is worth $4,000, and that large rentals
have been collected by defendant. She
prays for an accounting of the rents and
profits; that the quit claim deed be set
aside; that the title to the real estate be
decreed to be in her Upon her paying such
sums as the court may find due; that the
10 oAJoiAcA A1OA ubnCA Win
and for costs. The defendant practically
denies everything, but admits the payment
of the $751; 900 for the deed, but says that he
did not solicit her to accept the sum, and
admits that the property was worth $S, 600.
Two propositions are involved. First,
was the relationship existing between
y plaintiff and defendant of such a nature re
to make him q trustee and her a oestui que
trust. Secondly, If such relationship die
exist. did he as trustee in the purchase OF
November, 1889, deal with her in such
an open, fair and candid name as to per-
NIT the deed to stand as valid and efec-
tual.
j am satisfied. from all the facts. that the
relation Of trustee and cestui que trust
arose. When an estate is purchased in the
name of one person, and the consideration
comes from another, q resulting trust arises
by operation of law. '"There can be no
doubt" says Chief Justice Lowrie, "that a
l~onR-continued adulterous relation is a re-
lation of great mutual influence of each
over the mind and person and property of
the other. History abounds with proofs of
it, and it requires no very long life or very
close observation of persons around US in
order to reveal the fact" Judge Hunt
grants the relief demanded. The deeds
and bills of sale executed by the plaintiff to
the defendant are ordered set aside, and
the defendant Is declared to be
a trustee for plaintiff and to account to
her for all moneys and property held by
him in his name. Nick Fretz, of this city,
was appointed receiver of the property.