Osborne v. Endicott

Citations

• 6 Cal. 149

Syllabus

<p>A party making a deed is not estopped, as between the original parties to it, by recitals unnecessary to the conveyance.</p> <p>A plaintiff's recovery cannot be barred by the Statute of Frauds, unless the statute be pleaded.</p> <p>Where land is purchased in the name of one person, and the consideration is paid by another, a trust immediately rises, and the person in whose name the conveyance is taken, is deemed in law to hold as trustee for the one furnishing the money.</p> <p>In order to create such a trust, the facts need not appear affirmatively on the face of the deed, but may be proved by any note or memorandum in writing of the nominal purchaser, even though he plead the Statute of Frauds.</p>