Hasshagen v. Hasshagen

Citations

• 80 Cal. 514
• 22 P. 294
• 1889 Cal. LEXIS 948

Syllabus

<p>Trust — Conveyance to Defraud - Creditors—Verbal Agreement to Reconvey—Statute of Frauds. —When a conveyance reciting a consideration is made by a debtor-to another for the purpose of hindering and defrauding his creditors,, there is the strongest reason for a strict application of the statute of frauds, and a verbal agreement to reconvey the property will not create an express or resulting trust.</p> <p>Id.—Written Declaration of Trust—Undelivered Reconveyance — Destruction by Consent: — An- undelivered deed of reconveyance of property conveyed to hinder and defraud creditors is not effective for any purpose; and if its contents are. not proved, and the uncontradicted testimony of the grantee of the original conveyance shows that he finally paid for the property, and the undelivered deed of reconveyance was destroyed by consent of the parties upon a full settlement between them, such deed of reconveyance cannot he-held.to constitute a written declaration of trust.</p> <p>Id, — Written Evidence of Grantee. — The evidence of the grantee taken down in writing long after the conveyance, and in settlement of the estate of the grantor, admitting a verbal, agreement to reconvey upon condition of payment, of indebtedness, does not constitute a written declaration of trust.</p> <p>Id. — Written Statement of Account. —A. written statement of account given by the grantee to the widow of the grantor, showing the amounts received by the grantee as rent, and expenditures out of rent, and some payments to the grantor, does not constitute ar written declaration of a trust.</p> <p>Id. — Enforcement of Trust — Nonsuit—Finding against Evidence.—• When in an action to enforce a trust there is an entire absence of any evidence to show an express or resulting trust, and only evidence of circumstances tending to show a verbal agreement to hold the property in trust, a nonsuit should be granted, and although the evidence of the defendant to explain those circumstances is not satisfacto