Johnson v. Deloney

Citations

• 35 Tex. 42

Syllabus

<p>1. A resulting trust not being affected by the Statute of Frauds, it may be established by parol evidence against the language of the purchase deed, and in spite of a sworn denial by the defendant; early cases to the contrary having been overruled. And though such evidence is to be received with great caution, yet this caution should not be pressed to the degree of excluding the evidence, or impeaching the testimony of the witness who deposes to it.</p> <p>2. See the opinion in this case with respect to the character and quantity of parol evidence necessary in this State to establish a resulting trust in land, contrary to the import of the written title.</p> <p>3. Admissions of the nominal purchaser, that he paid for the land with money of the plaintiff, are evidence to establish the resulting trust in favor of the latter. Whether the nominal purchaser be still living or-is dead, is immaterial, so far as the competency of such evidence is concerned; but if he is dead, and the plaintiff appears to have waited for his death before asserting the trust, that is a circumstance entitled to great weight in determining the existence of the trust.</p>