Conveyance to one person when consideration paid by another

58-2406. Conveyance to one person when consideration paid by another. When a conveyance for a valuable consideration is made to one person and the consideration therefor paid by another, no use or trust shall result in favor of the latter; but the title shall vest in the former, subject to the provisions of the next two sections. History: G.S. 1868, ch. 114, § 6; October 31; R.S. 1923, 67-406. Cross References to Related Sections: Application of section limited, see 58-2408. Law Review and Bar Journal References: Distinguishing purchase-money resulting trust and equitable mortgage, William G. Zimmerman, 13 K.L.R. 585, 587, 588 (1965). Creditor's remedies under civil procedure code in case of fraudulent conveyance, Charles L. Frickey, 17 K.L.R. 501 (1969). "Survey of Kansas Law: Wills, Trusts, and Probate," 29 K.L.R. 595, 608 (1981). CASE ANNOTATIONS 1. Parol agreement to hold land in trust cannot be shown. Morrall v. Waterson, 7 Kan. 199, 205. 2. Trust created where agent acquires tax title to lands. Krutz v. Fisher, 8 Kan. 90. 3. Consent of person paying purchase money; held no trust results. Mitchell v. Skinner, 17 Kan. 563, 565. 4. Section will not be applied to fraudulent transactions. Brake v. Ballou, 19 Kan. 397, 400. 5. Purchase by son; purchase price paid by father; resulting trust. Beckman v. Richardson, 28 Kan. 648. 6. Purchase by agent; purchase money furnished by agent; constructive trust. Bryan v. McNaughton, 38 Kan. 98, 16 P. 57. 7. Purchase by husband with money belonging to wife; resulting trust. Mosteller v. Mosteller, 40 Kan. 658, 20 P. 464; Howard v. Howard, 52 Kan. 469, 476, 34 P. 1114. 8. Conveyance to deceive and defraud creditors binding between parties. Weatherbee v. Cockrell, 44 Kan. 380, 24 P. 417. 9. Forged assignment of land warrant; held no resulting trust created. Kohn v. Barr, 52 Kan. 269, 281, 34 P. 880. 10. Trust not inferred where parties agree to transaction. Brown v. Brown, 62 Kan. 666, 675, 64 P. 599. 11. Trusts by operation of law; effect of section considered. Chantland v. Bank, 66 Kan. 549, 553, 72 P. 230. 12. Trust under this section arises by operation of law. Lyons v. Berlau, 67 Kan. 426, 432, 73 P. 52. 13. Agreement need not be in writing; inferred from circumstances. Lyons v. Berlau, 67 Kan. 426, 432, 73 P. 52. 14. Mortgage not conveyance within meaning of section; resulting trust. Hanrion v. Hanrion, 73 Kan. 25, 27, 84 P. 381. 15. Effect of section considered. Garten v. Trobridge, 80 Kan. 720, 722, 104 P. 1067. 16. Effect of conveyance in fraud of creditors; homestead rights considered. Kline v. Cowan, 84 Kan. 772, 777, 115 P. 587. 17. Division by tenants in common; deed to wife; no trust. Knox v. Farguson, 97 Kan. 487, 488, 155 P. 929. 18. Oil lease; held by one for all; oral agreement valid. Goss v. Rothrock, 102 Kan. 272, 275, 169 P. 1161. 19. An express trust, not in writing, fails. Vaughn v. Cass, 131 Kan. 837, 839, 293 P. 487. 20. Trust denied spouse furnishing consideration in absence of agreement. Pricer v. Simonton, 134 Kan. 211, 214, 5 P.2d 835. 21. Purchasers contributing unequally take equal interest in deed if no agreement. Anderson v. Anderson, 137 Kan. 833, 837, 22 P.2d 471. 22. Agreement that grantee take in proportion to contribution did not create trust. Anderson v. Anderson, 138 Kan. 77, 23 P.2d 474. 23. Proof of payment sufficient and proof sufficient to establish trust. Kull v. Pearl, 147 Kan. 329, 335, 337, 339, 76 P.2d 790. 24. Petition held to state cause of action establishing implied trust. Allbert v. Allbert, 148 Kan. 527, 529, 83 P.2d 795. 25. Burden upon creditor to prove debtor paid consideration for property. Citizens State Bank v. Fairchilds, 151 Kan. 882, 886, 888, 101 P.2d 923. 26. Evidence insufficient to prove agreement required; subrogation allowed. Katschor v. Ley, 153 Kan. 569, 580, 113 P.2d 127. 27. Section inapplicable where facts pleaded bring case within exception stated. Staab v. Staab, 158 Kan. 77, 79, 80, 145 P.2d 452. 28. Trust denied father furnishing consideration in absence of agreement. Gantz v. Bondurant, 159 Kan. 389, 392, 155 P.2d 450. 29. Trust, sufficiency of evidence to establish; conflicting inferences. In re Estate of Gereke, 165 Kan. 249, 250, 263, 264, 195 P.2d 323. 30. Joint purchase of property; fraud of one in taking title; oral agreement upheld. Kotzman v. Papish, 169 Kan. 431, 436, 219 P.2d 425. 31. Agreement that title taken by husband and wife proved by parol. Commissioner of Internal Revenue v. Molter, 60 F.2d 498. 32. Court did not err in declaring resulting trust; partnership property; purchase of real estate by one partner; evidence. Stauth v. Stauth, 2 Kan. App. 2d 512, 513, 582 P.2d 1160. 33. Cited; K.S.A. 58-2408 exception applied; resulting trust established. University State Bank v. Blevins, 227 Kan. 40, 42, 605 P.2d 91. 34. Cited; a resulting trust is created where transfer is made to one party but consideration is paid by another. In re Krause, 386 B.R. 785, 836 (2008). 35. Purchase money resulting trust is abolished; purpose of abolishment discussed. In re Kasparek, 426 B.R. 332 (2010). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026