Weygant v. Bartlett

Citations

• 102 Cal. 224
• 36 P. 417
• 1894 Cal. LEXIS 622

Syllabus

<p>Resulting Trust—Compensation of Trustee—Gratuitous Service.— Where the purchaser of a tract of land had the conveyance made to a third party as a mere matter of convenience, the latter cannot claim compensation for services as trustee, where it appears that he rendered no services of appreciable value to the purchaser, and that any services ' rendered by him were intended to be gratuitous.</p> <p>Id.—Unrecorded Conveyance to Purchaser—Destruction of Deed.— Where the trustee of a resulting trust conveyed the land to the purchaser by an unrecorded deed, which was afterwards delivered back, and then destroyed with the consent of the purchaser, the legal title vested in the purchaser, and did not return to the trustee by the subsequent destruction of the deed.</p> <p>Id.—Record Title—Trust—Quieting Title.—The fact that the record title remained in the name of the grantor after the execution and destruction of the unrecorded conveyance to the purchaser is not sufficient to create a trust, and the purchaser may maintain an action to quiet his title to the land so conveyed to him, as against the gran top.</p>