Eastham v. Roundtree

Citations

• 56 Tex. 110
• 1882 Tex. LEXIS 3

Syllabus

<p>1. Evidence—Witness.—A defendant who, in a suit for property brought by an administrator, disclaims all interest, is a competent witness to acts and conversations of the decedent affecting the title.</p> <p>2. Fraud — Trusts.—Á child whose father purchases land and pays for the same with money which he owes the child, taking title in the name of a third party with his knowledge and consent, may recover the property, though the father may at the date of the purchase have been in failing circumstances, and intended by the purchase to prefer the child to other creditors.</p> <p>3. Same.—If such a purchase, with the title thus conveyed, was intended by the father as an advancement, the child would be entitled to recover the property only if the advancement was not to the prejudice of existing creditors.</p> <p>4. Fraud.— If a father in failing circumstances, with a view of secreting his property, shall invest in land, taking title,thereto in the name of a third party with his consent, and on the trust that he will hold one-half interest in the same as an advancement for the child of the purchaser, the title having vested in the’third party, a court will not divest it to enforce the trust at the suit of the child, though the child did not participate in the fraud and had no knowledge thereof. ’</p> <p>5. Resulting trusts.—No resulting trust can spring from an act contrary to .public policy or a statute.</p>