Nordholt v. Nordholt

Citations

• 87 Cal. 552
• 26 P. 599
• 1891 Cal. LEXIS 1022

Syllabus

<p>Trust — Deed of Infant — Disaffirmance. — An infant cannot avoid or disaffirm a deed made by him in execution' of a trust, which a court of equity would have compelled him to perform, notwithstanding his infancy.</p> <p>Id. — Constructive Trust — Fraud — Parol Evidence. — A constructive trust, arising from fraud, is not within the statute of frauds, and may he proved by parol evidence.</p> <p>Id.—Conveyance under Parol Promise to Reconvey—Intention to Defraud. —A constructive trust arises, and will be enforced in equity, where a minor procures land to be conveyed to himself by his mother under an express promise that he will reconvey it to his brother when arriving at age, with the intention not to perform the promise, and to claim and hold the property absolutely in his own right after arriving at age.</p> <p>Id.—Execution of Trust — Deed — Duress — Pleading.—If a trust is executed by a deed made in pursuance thereof, the execution of which is admitted, it cannot be proved that it was made under duress, unless the duress is specially pleaded as affirmative matter in avoidance of the deed.</p>