Mallagh v. Mallagh

Citations

• 2 Cal. Unrep. 837
• 16 P. 535
• 1888 Cal. LEXIS 971

Syllabus

<p>Resulting Trusts — Establishment by Parol.—Plaintiff made a deed to her son of real property, with an understanding that he should satisfy her debts, and reeonvey the remainder to her. In effecting a compromise with certain parties, the son, in consideration of a deed</p> <p>of certain other of plaintiff’s property, procured the property in dispute to be conveyed to him. Civil- Code of California, section 852, enacts that no trust of real property is valid unless created by writing or operation of law. In an action to have the heirs of the son declared trustees, held, that parol evidence was admissible to show the nature .of the dealings between plaintiff and her son, and to establish a trust in her favor.</p> <p>Resulting Trust—Laches.—Plaintiff had Owned. the Beneficial Interest in property, and had been in possession thereof since 1879, and was in possession in 1883, when she brought action to have defendants, who held the naked legal title, declared trustees for her. Held, that the plaintiff was not guilty of laches in asserting her rights.</p>