Cases to which K

58-2408. Cases to which K.S.A. 58-2406 shall not extend. The provisions of the section next before the last shall not extend to cases where the alienee shall have taken an absolute conveyance in his or her own name without the consent of the person with whose money the consideration was paid; or where such alienee in violation of some trust shall have purchased the land with moneys not his or her own; or where it shall be made to appear that by agreement and without any fraudulent intent the party to whom the conveyance was made, or in whom the title shall vest, was to hold the land or some interest therein in trust for the party paying the purchase money or some part thereof. History: G.S. 1868, ch. 114, § 8; October 31; R.S. 1923, 67-408. 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. Effect in absence of fraud, accident or mistake. Morrall v. Waterson, 7 Kan. 199, 205. 2. No writing necessary where trust will be implied. Franklin v. Colley, 10 Kan. 260, 263, 264. 3. Judgment lien attaches merely to the interest of the judgment debtor. Harrison & Willis v. Andrews, 18 Kan. 535, 541. 4. Taking title without consent; sufficiency of petition as against demurrer. Kennedy v. Taylor, 20 Kan. 558, 561. 5. Purchase by son; purchase price paid by father; resulting trust. Beckman v. Richardson, 28 Kan. 648, 664. 6. Property held in trust for copartnership; rights of individual members. Tenney v. Simpson, 37 Kan. 353, 15 P. 187. 7. Fraudulent conveyance; effect as to parties. Weatherbee v. Cockrell, 44 Kan. 380, 383, 384, 24 P. 417. 8. Homestead purchased with funds of wife; held resulting trust created. Barlow v. Barlow, 47 Kan. 676, 689, 28 P. 607. 9. Trust created where wife furnishes funds for purchasing lands. Howard v. Howard, 52 Kan. 469, 476, 34 P. 1114. 10. Trust resulted from transactions. Statutes considered. Howard v. Howard, 52 Kan. 469, 476, 34 P. 1114. 11. Agreement between mother and son; held enforceable trust resulted. Rayl v. Rayl, 58 Kan. 585, 588, 50 P. 501. 12. Presumption of intention of parties; trust not inferred under circumstances. Brown v. Brown, 62 Kan. 666, 675, 64 P. 599. 13. Deed acquiesced in for many years; death of party; presumption. Brown v. Brown, 62 Kan. 666, 676, 64 P. 599. 14. Object of statute to promote justice and prevent fraud. Black v. Black, 64 Kan. 689, 696, 68 P. 662. 15. Agreement concerning conveyance need not be in writing. Lyons v. Berlau, 67 Kan. 426, 432, 73 P. 52. 16. Enforcement of trust not prevented because agreements not in writing. Piper v. Piper, 78 Kan. 82, 95 P. 1051. 17. Effect of section considered. Garten v. Trobridge, 80 Kan. 720, 723, 104 P. 1067. 18. Land purchased in name of another, since deceased; resulting trust. Stevens v. Hicks, 84 Kan. 351, 354, 113 P. 1049. 19. Absence of fraudulent intent in making conveyance must affirmatively appear. Stevens v. Hicks, 84 Kan. 351, 354, 113 P. 1049. 20. Effect of lack of evidence to show agreement concerning conveyance. Clester v. Clester, 90 Kan. 638, 641, 135 P. 996. 21. No part of purchase price paid by party; no trust created. Grantham v. Conner, 97 Kan. 150, 154 P. 246. 22. Oral contract; lease to one of group; trust not defeated. Goss v. Rothrock, 102 Kan. 272, 275, 169 P. 1161. 23. Title in name of wife; trust in favor of husband. File v. Conzelmann, 106 Kan. 345, 346, 347, 187 P. 878. 24. Absolute deed; parol agreement to reconvey; express trust not created. Silvers v. Howard, 106 Kan. 762, 767, 769, 190 P. 1. 25. Title in lands; possession; permanent improvements; specific performance of contract. Kuhn v. Kuhn, 107 Kan. 391, 395, 396, 191 P. 487. 26. Oral transfer of lands; statute of trusts no application. Kindig v. Richardson, 108 Kan. 218, 219, 194 P. 920. 27. Evidence shows title held by one in trust for another. Taylor v. Walker, 114 Kan. 614, 616, 220 P. 518. 28. Trust not created unless part of purchase price paid. Kaul v. Hoenshell, 129 Kan. 278, 282 P. 697. 29. Land purchased with father's money with promise to convey to son. Roberts v. Roberts, 130 Kan. 85, 90, 285 P. 584. 30. An express trust, not in writing, fails. Vaughn v. Cass, 131 Kan. 837, 839, 293 P. 487. 31. Trust denied spouse furnishing consideration in absence of agreement. Pricer v. Simonton, 134 Kan. 211, 214, 5 P.2d 835. 32. Purchasers contributing unequally take equal interests in deed if no agreement. Anderson v. Anderson, 137 Kan. 833, 837, 22 P.2d 471. 33. Agreement that grantee take in proportion to contribution did not create trust. Anderson v. Anderson, 138 Kan. 77, 23 P.2d 474. 34. Proof of payment sufficient and proof sufficient to establish trust. Kull v. Pearl, 147 Kan. 329, 336, 338, 340, 76 P.2d 790. 35. Petition held to state cause of action establishing implied trust hereunder. Allbert v. Allbert, 148 Kan. 527, 529, 530, 83 P.2d 795. 36. Evidence insufficient to prove "agreement"; burden of proof; subrogation allowed. Katschor v. Ley, 153 Kan. 569, 580, 113 P.2d 127. 37. "Without any fraudulent intent" refers to grantor or party paying purchase price; construed. Staab v. Staab, 158 Kan. 77, 79, 80, 145 P.2d 452. 38. Trust denied father furnishing consideration in absence of agreement. Gantz v. Bondurant, 159 Kan. 389, 392, 155 P.2d 450. 39. Trust, sufficiency of evidence to establish; conflicting inferences. In re Estate of Gereke, 165 Kan. 249, 250, 262, 263, 264, 195 P.2d 323. 40. Joint purchase of property; fraud of one in taking title; oral agreement upheld. Kotzman v. Papish, 169 Kan. 431, 436, 219 P.2d 425. 41. Agreement that title taken by husband and wife proved by parol. Commissioner of Internal Revenue v. Molter, 60 F.2d 498. 42. Cited; section not applicable when title to property is taken in joint tenancy. Dexter v. Dexter, 481 F.2d 711, 714. 43. 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. 44. Applied; facts of case by preponderance of the evidence established a resulting trust. University State Bank v. Blevins, 227 Kan. 40, 42, 44, 605 P.2d 91. 45. 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). 46. Presence of a resulting trust depends upon an agreement to hold property for the person paying the consideration and lack of fraudulent intent. In re Harrison, 430 B.R. 679 (2010). 47. Purchase money resulting trust is abolished; purpose of abolishment discussed. In re Kasparek, 426 B.R. 332 (2010). 48. Nothing in Kansas law forbids the creation of a resulting trust with land held in joint tenancy. In re Tung Thanh Nguyen, 783 F.3d 769, 776 (10th Cir. 2015). 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