Riley v. Martinelli

Citations

• 97 Cal. 575
• 21 L.R.A. 33
• 32 P. 579
• 1893 Cal. LEXIS 593

Syllabus

<p>Resulting Trust — Deed to Husband — Payment of Consideration by Wife—Execution Sale — Bona Fide Purchaser. — Where land was purchased, with the separate funds of the wife, and the deed was taken in the name of the husband, a trust results in her favor, and a purchaser of the legal title of the husband at execution sale takes subject to the trust, unless he can show that he is a purchaser in good faith without notice of the trust.</p> <p>Id.—Purchase by Judgment Creditor of Husband •—Protection against Wife’s Equity. — A judgment creditor of the husband, who purchases property standing in the husband’s name at a sale under execution upon his judgment, although he pays no money therefor, but credits the amount of his bid on his judgment, stands in the same position as a third party making a purchase under the execution and paying a money consideration therefor, and is protected against a latent equity arising from a resulting trust in favor of the wife, of which the judgment creditor had no notice.</p> <p>Id. — Enforcement of Resulting Trust —• Action to Annul Sheriff’s Sale — Evidence — Declarations of Wife — Knowledge of Purchaser. — In an action by the wife to enforce the resulting trust in her favor, and obtain a decree against the judgment creditor that she is the owner of the property sold, and to have the sale declared void, evidence of declarations made by the wife to a third party, in reference to her ownership of the property, is inadmissible, unless it is proposed to bring the knowledge of such declarations home to the defendant.</p> <p>Equity Case—Instructions to Jury — Findings by Court.—The refusal of the trial court, in an action in equity, to give proper instructions to the jury is not ground for reversal, where the court finds upon all of the issues in the case, and the evidence is sufficient to warrant the findings.</p>