Carter v. Hopkins

Citations

• 79 Cal. 82
• 21 P. 549
• 1889 Cal. LEXIS 675

Syllabus

<p>Nonsuit—Statement of Grounds of Motion, — A statement of the grounds of a motion for a nonsuit, that the plaintiff had failed to prove a single allegation of his complaint, is sufficiently precise and definite to sustain an order granting a nonsuit. Such statement would be understood to signify that plaintiff had not proved a single material allegation of the complaint.</p> <p>Resulting Trust—Extinguishment — Statute of Frauds.—A resulting trust is. extinguished by the conveyance by the trustee to the beneficiary of other lands upon purchase of his equitable estate; and the statute of frauds does not in such case require a conveyance by the beneficiary of his equitable interest to the holder of the legal title.</p>