Trusts - Resulting and Constructive Trusts - Rights of Third-Party Donee to Enforce Oral Trust of Land

Plaintiff alleged that her husband, having paid the purchase price on land intended as a: gift for her, caused title to be taken in the name of defendant to hold as trustee. There was, however, no written evidence to support these contentions. Plaintiff further alleged that she took possession and made valuable permanent improvements on the land with the approval of both her husband and defendant. One year after the husband's death and three years after plaintiff's entrance, defendant filed suit for possession.

In the present action to enjoin that suit and to establish her ownership, the lower court held that plaintiff failed to state a claim. On appeal, held, reversed, one judge dissenting. If plaintiff's allegations are accepted as true, her complaint sets out facts upon which relief could be granted. Either a resulting trust or a constructive trust might be imposed in plaintiff's behalf.

Binz v. Helvetia Florida Enterprises, (Fla. App. 1958) 104 S. (2d) 124.