Hays v. Regar
Indiana Supreme Court
1 N.E. 386 (1885)
- Written by Sean Carroll, JD
Facts
In 1872, William Regar conveyed a parcel of land to John Stumph by absolute deed. Mr. Regar conditioned the conveyance on the establishment of an oral trust such that Stumph would hold the land for Mr. Regar’s benefit. Mr. Regar remained in possession of and paid the taxes on the property. In 1878, Mr. Regar directed Stumph to transfer the land to Mr. Regar’s wife, Mrs. Regar (plaintiff), which he did. Subsequently, the City of Indianapolis (defendant) took the property by condemnation, awarding damages to Mrs. Regar. While Stumph was trustee, Hays and Wiles (Hays) (defendant) won a money judgment against Stumph. Hays filed a claim with the city to satisfy the money judgment, asserting a lien on the property. Mrs. Regar filed suit against the city and Hays to establish her rights. The trial court found in favor of Mrs. Regar. Hays appealed, citing the statute of frauds, which required that creation of a trust be in writing.
Rule of Law
Issue
Holding and Reasoning (Mitchell, C.J.)
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