Polk v. Boggs

Citations

• 122 Cal. 114
• 54 P. 536
• 1898 Cal. LEXIS 543

Syllabus

<p>■Fraudulent Conveyances—Consideration—Single Transaction —Support of Finding.—A finding that conveyances of two parcels of land, which were assailed as being in fraud of the creditors of the grantor, were made for a valuable consideration, is supported by evidence that the conveyances constituted a single transaction, and were made upon a valuable consideration, which applied to both parcels.</p> <p>Id.—Fraudulent Intent—Question of Fact—Finding.—Under section 3422 of the Civil Code, the question of fraudulent intent is one of fact, and a finding that the grantor did not have any intent to hinder, delay, or defeat his creditors, and that he did not make the conveyances with any fraudulent intent, frees the transaction from the claim of invalidity, and precludes the right of the creditors of the grantor to impeach it.</p> <p>Kesulting Trust—Parol Evidence.—A resulting trust may he proved by parol evidence; and the testimony of a husband, showing that one-half of the consideration of a conveyance of land to him was paid by his wife out of her separate estate, establishes a resulting trust in her favor, as to one-half of the land.</p> <p>Id.—Execution of Trust—Conveyance to Children of Beneficiary—Verbal Bequest.—A subsequent conveyance by the husband to the children, in execution of the trust, after the wife’s death, in pursuance of a previous verbal request made by her. cannot be impeached by proof that the request was verbal.</p> <p>Id—Express Trust.—The rule requiring a writing to establish an express trust in lands has no application after the trust is executed.</p> <p>Findings—Omissions—Decision Against Law—Specification in New Trial Notice.—The omission to make material findings is a “decision against law,” but objection on that ground, to he availed of, must he specified in the notice of intention to move for a new trial, and is not available under a specification that “the evidence is against law.”</p>