Horton v. Kyburz

Robert and Elizabeth Horton owned a 223-acre ranch. Robert and Elizabeth verbally agreed that if one of them died, the property would go to the surviving spouse for life. Upon that spouse’s death, one-half of the property would go to Robert’s son from a prior marriage, Vincent Horton (plaintiff), and the other half would go to a relative of Elizabeth’s selection. The property was placed into joint tenancy. Robert subsequently made a will devising the entirety of the property to Vincent should Elizabeth predecease Robert. Robert predeceased Elizabeth, and Elizabeth leased the ranch for $125 per year. Elizabeth also sold 63 acres to the United States government. Later, Elizabeth conveyed the ranch to herself and her nephew Norvin Kyburz (defendant) as joint tenants. Kyburz later testified that he did not have knowledge of Vincent’s interest in the property. Shortly thereafter, Kyburz made monetary contributions toward a number of improvements to the property, including building a fence, drilling wells, reroofing the barn, running water to the property, performing foundation work, building a garage, and performing brush clearing. Elizabeth died, and Kyburz took full ownership of the property. Vincent then filed suit against Kyburz, seeking specific performance. Kyburz argued that he was a bona fide purchaser and that his full right to the property vested upon Elizabeth’s death. Vincent argued that at best, Kyburz held a one-half interest in the property and held the other one-half interest in a constructive trust in favor of Vincent. The trial court found that Kyburz was a bona fide purchaser because the conveyance from Elizabeth to Kyburz was made for good and valuable consideration and that Kyburz had no knowledge of Vincent’s interest in the property. Vincent appealed.