Mercier v. Hemme

Citations

• 50 Cal. 606

Syllabus

<p>Agreement to bits: Rem, Estate.—A finding, that L. promised and agreed with M. to sell him all his right, title and interest in a certain rancho, is substantially a finding that M. purchased and was entitled to a conveyance of the interest in the rancho owned by L., including that which stood in the name of his wife, and which was community property.</p> <p>When the Law raises a Tbdst.—If one bargains with another for the purchase of a tract of land with the knowledge of a third person who stands by and becomes a party to it by advancing a portion of the money to enable the purchaser to complete the bargain, and if such third person then, without the knowledge of the purchaser, buys from the seller a portion of the same land, for which he obtains a conveyance, which is placed on record before the conveyance to the first purchaser, such third person will become the trustee of the first purchaser, and if he sells the land to a bona fide purchaser without notice becomes liable for the damage sustained.</p>