Sharp v. Goodwin

Citations

• 51 Cal. 219

Syllabus

<p>Sale op Trust Property.—If a debtor makes an assignment of his property to a trustee in trust to pay the proceeds pro rata to his creditors, one to whom the trustee assigns the property with notice of the trust, must execute it.</p> <p>Presumption as to Facts Found.—In the absence of the findings of fact the presumption is that the court found upon the issues in such manner as to sustain the judgment.</p> <p>Sale by Trustee op Trust Property.—If a trustee to whom a debtor has assigned his property in trust to pay the proceeds pro rata to his creditors, sells and assigns the property to a third person for value, with notice of the trust, and such person converts the property into money and pays the creditors, they have no cause of action against the trustee.</p>