A house had been bought in joint names, but one owner had died. The deceased had contributed the full price. Her executors said that the couple had intended initially that on the sale of the others property, he would contribute, but this never happened. The survivor now appealed against a declaration that he held the property in trust absolutely for the deceased estate, saying that she had had loaned the money to him.
Held: The appeal succeeded and a retrial was ordered. The evidence did not support the existence of any loan arrangement, and much was inconsistent with it. It was not the function of the appeal court to find facts, only to see if the judge’s view was supported by evidence. The judge had however incorrectly summarised, and understood the cases prevented by either side, and his conclusion was inconsistent with Stack v Dowden. (Rix LJ dissenting)
Rimer LJ, Rix LJ, Wilson LJ
[2008] EWCA Civ 1364, [2009] 1 P and CR 19, [2009] 1 P and CR DG14
Bailii
England and Wales
Citing:
Cited – Stack v Dowden HL 25-Apr-2007
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when . .
Cited by:
Main Judgment – Elithorn v Poulter and Others (Costs) CA 11-Dec-2008
. .
These lists may be incomplete.
Updated: 21 June 2021; Ref: scu.278976
