LYONS v. LYONS

LYONS v. LYONS
1938 OK 113
76 P.2d 893
182 Okla. 112
Case Number: 27851
Decided: 02/21/1938
Supreme Court of Oklahoma

LYONS
v.
LYONS

Syllabus

¶0 1. PLEADING--Effect of Motion for Judgment on Pleadings.
A motion for judgment on the pleadings admits, for the purpose of the motion, the truth of all facts well pleaded by the opposing party together with all fair inferences to be drawn therefrom.
2. SAME--Motion not Sustained Where Issues of Fact to Be Determined.
A motion for judgment on the pleadings cannot be sustained where there are issues of fact to be determined.
3. PARTNERSHIP--Right of Partners to Invest Partnership Funds and Acquire Title to Property as Individuals.
Partners may withdraw money from the partnership funds, invest them, and acquire title to property as individuals, the intention of the parties being the governing factor. The presumption, however, is that property, real or personal, acquired with partnership funds is partnership property.
4. DESCENT AND DISTRIBUTION--Resulting Trust in Land Enforceable by Heirs of Deceased Cestui Que Trust.
The interest of the cestui que trust, who dies intestate, in a resulting trust is an equitable estate in the land, the legal title to which is vested in the trustee, and as such, may be enforced by the heirs of the cestui que trust against the trustee.
5. SAME--Administrator or Executor of Estate as Necessary Party to Action by Heirs.
The interest of the cestui que trust of a resulting trust, who dies intestate in the rents and profits of land, descends to the administrator' or executor for the payment of the debts of deceased and for distribution among his heirs, and such administrator or executor is a necessary party in an action to enforce such interest.

Appeal from District Court, Oklahoma County; G. H. Giddings, Jr., Judge.

Action by Effie Lyons and others against Mary J. Lyons. Judgment for defendant, and plaintiffs appeal. Reversed.

Bruce & Rowan, O. B. Jefferson, and Moss & Powell, for plaintiffs in error.
Wilson & Wilson, for defendant in error.

HURST, J.

¶1 This is a companion case to the case of Effie Lyons et al. v. S. D. Lyons, 182 Okla. 108, 76 P.2d 887, this day decided, and the facts of that case are the same here, except the following additional facts which are alleged in the petition: That S. D. Lyons purchased certain property with the proceeds of the business, half of which belonged to Sadie Lyons, and caused the legal title to same to be placed in the name of Jannie Luster, who is one and the same person as the defendant Mary J. Lyons; that said Mary J. Lyons had full knowledge that the property was purchased for and with money belonging to Sadie Lyons and that she now holds same in trust for the heirs of the said Sadie Lyons; that after the death of Sadie Lyons, S. D. Lyons married defendant Mary J. Lyons and purchased further property with the funds described above, placing the legal title to same in the name of Mary J. Lyons, of which she had actual knowledge. Plaintiffs pray for judgment against Mary J. Lyons decreeing her to hold the title in trust for plaintiffs, together with the rents and profits thereon; decreeing plaintiffs to be the owners thereof; appointing a receiver and for an accounting.

¶2 Under these allegations, which are taken as true on the defendant's motion for judgment on the pleadings and opening statement, Mary J. Lyons is in the same position as S. D. Lyons, defendant having conceded that a cause of action for a resulting trust is pleaded by plaintiffs, and the rules announced in cause No. 27668 are applicable here.

¶3 If follows that the trial court committed error in sustaining the motion of the defendants for judgment on the pleadings and opening statement, and the judgment is reversed, with directions to proceed in accordance with the views expressed in the companion case, No. 27668, 182 Okla. 108, 76 P.2d 887, and in this opinion.