Hanson v. Fricker

Citations

• 79 Cal. 283
• 21 P. 751
• 1889 Cal. LEXIS 720

Syllabus

<p>Resulting Trust—Retaining Title as Security—Pleading.—In an action to enforce a resulting trust in an undivided interest in a mining claim, where it is alleged and found that the title was taken in the name of the defendant, and that the plaintiff furnished the whole of the purchase-money, the defendant cannot contend on appeal that the evidence shows that he paid a larger sum than that alleged, and has a right to retain the title until he receives the balance of the purchase price advanced by him, if such defense was not set up in the answer.</p> <p>Findings — Admission of Pleadings. — Facts admitted in the pleadings may be found without evidence to support them.</p>