Plass v. Plass

Citations

• 122 Cal. 3
• 54 P. 372
• 1898 Cal. LEXIS 518

Syllabus

<p>Resulting Trust—Support of Finding—Conflicting Evidence— Deed and Receipt.—In an action to enforce a resulting trust in an undivided one-third of a ranch, a finding that the consideration paid therefor was six thousand dollars, of which sum the plaintiff paid one-third, is sustained by evidence for the plaintiff to that effect, though contradicted by the deed to defendant’s testator, and by a contemporaneous receipt showing that the money paid was four thousand dollars.</p> <p>Id.—Harmless Finding—Support of Plaintiff’s Claim.—The finding that the consideration paid was six thousand dollars is harmless, even if unsupported by the evidence, where the evidence tended to show that plaintiff paid two thousand dollars toward the purchase. That evidence supports the plaintiff’s claim to at least one-third of the property, if the consideration paid was only four thousand dollars.</p> <p>Id.—Discrediting of Plaintiff’s Evidence—Appeal.—The question of the discrediting of the plaintiff’s evidence by the deed and by the receipt, is matter only to he considered by the trial court, and cannot be reviewed upon appeal.</p> <p>Id.—Estoppel—Misrepresentation as to Price.—If the one who-took the legal title in fact made the purchase for four thousand dollars, after having represented to the plaintiff that the price-to he paid was six thousand dollars, and taking one-third of that amount from plaintiff for the avowed purpose of making the purchase on that basis, he and his personal representatives are estopped from claiming that the money received from the plaintiff was not used in the purchase, but was treated as a loan.</p> <p>Id.—Purchase from Income of Trust Property—Second Resulting Trust not Established.—A second resulting trust in another ranch purchased by the trustee from the income of the • first ranch, in which plaintiff was the beneficiary of a resulting trust as to an undivided third, is not sufficiently established by mere proof of such beneficial ownership and of pl