R. E. Walker Et Al. v. J. B. Walker

Plaintiffs are heirs of the estate of John A. Walker who died in 1912 and the probate of whose estate has not been completed. They join in suing the oldest son, John B. Walker, for their respective distributive shares in two parcels of land in Union, in southeast Salt Lake County, which they claim to be family property. Title to the land in question has stood in the name of the defendant for over 40 years. After a plenary trial of the issues, the court found in accordance with the contention of the plaintiffs: that the defendant held this property as trustee for the family and that the plaintiffs should have their respective shares therein, provided, however, that the defendant has a lien on such property for moneys he had advanced to keep the family from losing the property. The decree conditioned plaintiffs recovery upon repayment to the defendant of the amount of the lien in the sum of $5,614.00 principal and $16,143.36 interest, within 30 days after demand by the defendant.