Stewart v. Nevins

Citations

• 50 Cal. 276
• 1875 Cal. LEXIS 141

Syllabus

<p>When Equity wnm not Decree a Conveyance of Land.—M. sold to H. a tract of land in a city, divided into lots, and was to receive ninety thousand dollars therefor, together with one-half of the profits over ninety thousand dollars which H. might receive from a sale of the lots. The agreement was in writing, which recited that the legal title to the lots was outstanding in S., and H. was to purchase'it from S. M. afterwards assigned this contract to Moore, as security for his debt to Smith, and also conveyed the land to Moore, to be held by Moore in trust, subject to the agreement with H. M. died leaving a will, and after his death, Moore, out of money belonging to the estate, paid S. and obtained his deed for a part of the lots, and H. and Moore then conveyed these lots to N. Eeld, that the executor of the will of M. could not maintain an action for a reconveyance, to the estate, of the lots sold to N., but must sue H. and Moore for an accounting, and that, in a proper case, the balance due the estate might be decreed to be a lien on the lots sold N.</p>