Scott v. Sierra Lumber Co.

Citations

• 67 Cal. 71
• 7 P. 131
• 1885 Cal. LEXIS 548

Syllabus

<p>Trust—Sale by Tbustee—Purchase For Benefit of Trustees — Fraud__ Where a deed of trust authorizes the trustees upon default to sell the trust property at public auction for cash, a sale to a third person who purchased in pursuance of an agreement with the trustees that he should pay nothing for the property, and should hold it subject to the direction of the trustees, is fraudulent, and will be set aside at the instance of a party beneficially interested in the proceeds of the sale.</p> <p>Id.—Becording—Constructive Notice.—Where a deed of trust conveys both real and personal property the recording thereof as a conveyance of real estate does not operate as constructive notice of the transfer of the personal property.</p> <p>Evidence—Objection to Admissibility—Affeal. — An objection to the admissibility of evidence if not made on the trial, cannot be raised for the first time in the Supreme Court.</p> <p>Pleadings—Equity.—Upon a construction of the pleadings, held, that the action was equitable.</p>