Butler v. Hyland

Citations

• 89 Cal. 575
• 26 P. 1108
• 1891 Cal. LEXIS 857

Syllabus

<p>Nonsuit — Effect of Motion. — A motion for a nonsuit admits the truth of the testimony introduced, but challenges its sufficiency.</p> <p>Trust — Action to Enforce — Conveyance by Minor to Aunt — Confidential Relation — Agreement to Reconvey—Implication of Law — Nonsuit. — In an action to recover property claimed by the plaintiff to have been conveyed by her, while a minor, to her aunt, in trust, where the evidence of the plaintiff shows the confidential relations existing between her and her aunt, and that at the request of her aunt she conveyed to her the property, with the understanding that her aunt would hold it for her, the law implies an agreement by the aunt to re-convey upon request, and a trust is sufficiently established to entitle the plaintiff to recover, and the granting of a nonsuit is error.</p> <p>Id.—Infancy — Disaffirmance of Conveyance. — Such an action not being one brought to disaffirm the plaintiff’s acts as a minor, her minority at the time of the conveyance is material only as tending to establish that the relations between herself and aunt were confidential, and it was not necessary for her to disaffirm the deed before bringing the action.</p> <p>Id. — Continuing Trust — Statute of Limitations.—Where a trust, voluntarily assumed, was by the understanding of the parties to be a continuing one, and the trustee continued to hold according to the understanding, and never repudiated the relation, or did any acts inconsistent with it, the statute of limitations does not run as against the cestui que trust.</p> <p>Id.—Laches — Trustee in Loco Parentis.—The fact that the plaintiff neglected to sue until sixteen years after she had attained majority, and two years after her trustee’s death, does not constitute such laches as will prevent her obtaining relief, where it appears that for most of the time she was a member of the family of her trustee, who stood in loco parentis to her, and nothing is shown which would make it inequitable to enforce t