Feeney v. Howard

Citations

• 79 Cal. 525
• 4 L.R.A. 826
• 21 P. 984
• 1889 Cal. LEXIS 764

Syllabus

<p>Statute of Frauds — Deed — Parol Agreement.—A deed cannot be avoided by evidence of a parol agreement to hold in trust unless the case falls within some recognized exception to operation of the statute of frauds.</p> <p>Id. — Actual Fraud — Pleading. — A fraudulent intent is one of the facts constituting actual fraud, and must be alleged. The mere failure to perform an agreement made in good faith is not of itself fraud.</p> <p>Constructive Fraud — Fiduciary Relation — Pleading.—In order to make a case of constructive fraud, arising out of the violation of a fiduciary relation, the plaintiff must allege the existence of such relation.</p> <p>Resulting Trust — Recital of Consideration.—If the old rule that a trust results to the grantor where no consideration is expressed in a deed or proved aliunde still prevails in this state, it does not apply where the deed recites a consideration. Such a recital cannot be contradicted for the purpose of defeating the operation of the deed or raising a resulting trust.</p> <p>Part Performance. — Acts which the deed gives the grantee a right to do, and which are done under the deed, do not make a case of part performance of an oral agreement for a trust.</p> <p>Statute of Frauds — Pleading by Defendant.—If the plaintiff relies upon a contract within the statute of frauds, a denial of the contract is sufficient to raise the question of its validity under the statute.</p>