Sandfoss v. Jones

Citations

• 35 Cal. 481
• 1868 Cal. LEXIS 117

Syllabus

<p>Section Six (Chapter One) op Statute op Frauds.—The provisions of the sixth section (Chapter One) of the Statute of Frauds relate exclusively to corir tracts in respect to real estate.</p> <p>Idem.—A verbal agreement was made by J. and B., who were two of several] judgment creditors, with Bartram, an execution debtor, who owned a. large amount of real and personal property, then under execution levy, but still in Bartram's possession, the value of which exceeded the amount due on the exemptions by over one half, to take into their immediate possession, in their own names, and to purchase all of said property at the Sheriff's sale for the benefit of Bartram, and to advance their own money, if necessary for that purpose; and when they should have repaid themselves for said advances, with interest, together with the amount of their own judgment demands out of the rents, issues and profits of the property, and the sales of such portions of the personal property as could he advantageously sold by them, to reconvey the portions of the property unsold to Bartram: Held, that so far as the agreement contemplated the payment by J. and B. to he made from the proceeds of Bartram's property, there was raised a resulting trust in favor of Bartram, and it was, therefore, not within the Statute of Frauds; and so far as the agreement contemplated the payment by J. and B. to be made from money to be advanced by J. and B., it was equivalent to a loan of the money and a taking of the title as a security for its repayment, under such circumstances as would amount to a fraud upon Bartram if J. and B. should afterwards he allowed to repudiate the agreement, and was, therefore, not within the statute.</p> <p>Idem.—To allow!, and B. under such cirucmstanccs to evado their promise, would be to enable them to i>ractice a fraud upon Bartram, and convert a statute designed to prevent frauds into a shield for their protection.</p> <p>Idem.—If in such case !. and B. acted from the outset in ha