Barr v. O'Donnell

Citations

• 76 Cal. 469
• 18 P. 429

Syllabus

<p>Express Trust in Land cannot be Created by Parol—Tenants in Common — Constructive Trust. — If land be conveyed by one tenant in common to his co-tenant by an absolute deed, no express trust in favor of the grantor can be raised by proof of a parol agreement by the grantee to hold a portion of the land in trust for the grantor or reconvey it. And in the absence of any wrongful means in securing the conveyance, no constructive or implied trust is created in favor of the grantor, from the fact of such parol agreement to hold in trust, and its subsequent breach by the grantee.</p> <p>Id.—Action to Enforce Trust — Statute of Frauds—Demurrer.— If it appears upon the face of the complaint, in an action to enforce an express trust in land, that the alleged trust rests in parol, the defense of the statute of frauds may be taken advantage of by demurrer.</p>