Millard v. Hathaway

Citations

• 27 Cal. 119

Syllabus

<p>Appeal from Judgment.—On an appeal from a judgment, if no errors are assigned in the record, the appellate Court will only review the judgment roll.</p> <p>Waiver of Failure to file Statement and serve Notice.—If the order denying a motion for a new trial states that the motion was submitted upon the statement and affidavits by consent of the respective attorneys, the respondent is precluded in the appellate Court from saying that the statement was not filed in time, or that the notice of intention to move for a new trial was not filed or served.</p> <p>When Trust Created, and How.—When, on the purchase of property, the conveyance of the legal estate is taken in the name of one person, while the consideration is given or paid by another, a resulting or presumptive trust immediately arises, and the person named in the conveyance will be a trustee for the party from whom the consideration proceeds.</p> <p>Pleadings, Findings, and Judgment. — If the findings of fact follow the issues raised by the pleadings, and a demurrer would not be sustained to the complaint, the judgment will not be arrested upon the findings.</p> <p>Findings of the Court.—The findings of a Court cannot be altogether detached from each other and considered separately. If a particular finding be doubtful or obscure, reference may be had to the others to ascertain its true moaning.</p> <p>Implied Trust—Proof of.—The facts constituting an implied trust can be proved by parol testimony.,</p> <p>Becital in a Deed.—The recital in a deed that the purchase money of the property thereby conveyed was paid by the granteo, is not conclusive that such was the fact in an action brought by an alleged cestui que trust against the grantee as trustee to establish the trust. The recital may be explained or contradicted by parol testimony.</p> <p>Proofs in Action to establish Implied Trust.—In an action brought to establish an implied trust, on the ground that the deed was executed to one party and the purchase mo