Tillaux v. Tillaux

Citations

• 115 Cal. 663
• 47 P. 691
• 1897 Cal. LEXIS 492

Syllabus

<p>Husband and Wife — Deed to Wife — Consideration—Agreement to Live Abart — Breach of Contract — Resulting Trust.—A deed executed and delivered from a husband to his wife, conveying an absolute title in fee, with an expressed consideration of “love and affection,” and “for her better maintenance and support,” requires no other consideration to support it, and no trust results therefrom in favor of the husband for want or failure of consideration, notwithstanding there was a contemporaneous agreement of the parties to live apart and not to molest each other, and notwithstanding there was a failure of the parties to carry out such agreement, and an alleged breach of the wife’s contract not to molest the husband.</p> <p>Id.—Voluntary Conveyance — Want of Consideration — Resulting Trust.—In case of voluntary conveyance, mere want of consideration never raises a resulting trust to the donor, nor can such conveyance be revoked or set aside by him.</p> <p>Id.—Contracts between Husband and Wife—Presumbtion—Undue Influence—Prima Facie Effect of Conveyance.—Under the law of California, the husband and wife may contract with each other as freely, as if unmarried, and there is no presumption of undue influence in case of a conveyance from one to the other, but the deed prima facie conveys whatever its terms embrace.</p> <p>Id.—Action to Combel Reconveyance—Insufficient Comblaint—Intention of Wife to Break Promise—Incident of Agreed Separation —■ Consent of Husband to Live with Wife. — The husband cannot, years after the execution and delivery of a voluntary conveyance to his wife, maintain an action to compel a reconveyance from her for alleged want and failure of consideration, connected with an alleged breach of the wife’s promise not to molest the husband, made as part of an agreement for separation between them at the time of the conveyance, and an alleged intention on her part to break the promise when made; and a complaint stating such facts, and also showing that the pa