Currey v. Allen

Citations

• 34 Cal. 254

Syllabus

<p>Land Held in Trust.—When one person furnishes the consideration to buy land, whether that consideration is money or other property, and the purchase is made and the title is taken in the name of another, the land will be held by the grantee in trust for the person furnishing the consideration paid.</p> <p>Trust in Case op Sheriff's Sale.—The Sheriff was about to sell certain real estate on an execution in favor of C. A., at C.'s request, attended the sale and bid off the property, and had the bid credited on the execution, but took the certificate of purchase in his own name, and afterwards had a Sheriff's deed made to him : held, that A. held the legal title in trust for C.</p> <p>Limitation of Action as to Trust.—If a trust attaches to the legal title acquired through a Sheriff's certificate of purchase and deed, the Statute of Limitations does not commence running until the execution of the Sheriff's deed, and expires at the end of four years from that time.</p> <p>Limitation of Actions in Case of Fraud.—Where relief is sought on the ground of fraud, the Statute of Limitations does not commence running until the discovery of the fraud.</p>