Lucas v. Dewey

Citations

• 7 Cal. 92

Syllabus

<p>Where the complaint charged that A was indebted to plaintiff, and had conveyed his property to B, to be disposed of for his benefit, and had drawn an order in favor of plaintiff, on B, who had accepted it, and further charged that B had subsequently re-conveyed a portion of the property to A, without consideration, praying that B be compelled to execute the trust in favor of plaintiff: Meld, that A was a proper and necessary party to the action.</p> <p>The order of A on B, is not void by the Statute of Frauds. The conveyance by the former to the latter was a sufficient consideration to support their promise.</p> <p>By the acceptance of the order they became liable to the plaintiffs as trustees, which liability they could not escape by a subsequent fraudulent transfer of the trust property.</p> <p>A defendant or plaintiff cannot testify in behalf of his co-defendants or plaintiffs.</p> <p>In construing statutes, the rule is that general words are controlled by specific exceptions.</p>