Boehl v. Wadgymar

Citations

• 54 Tex. 589
• 1881 Tex. LEXIS 68

Syllabus

<p>1. Equitable mortgage.— Though an agreement in writing to execute a mortgage on specific property will be enforced in equity, parol testimony will not be admitted to aid, by adding to and varying an imperfect agreement in writing, so as to convert that into a mortgage, or an agreement to make a mortgage, which on its face expresses no such purpose.</p> <p>2. Resulting trust.— No resulting trust exists in favor of one who pays the purchase money for land by way of loan to another, when the conveyance is executed, not to the lender, but the borrower.</p> <p>3. Resulting trusts.—Resulting trusts are not created by agreement; they arise alone from the acts of parties.</p> <p>4. Fact case.— See statement of case for an agreement to execute a mortgage which could not be enforced.</p>