Wormouth v. Johnson

Citations

• 58 Cal. 621
• 1881 Cal. LEXIS 281

Syllabus

<p>Resulting Trust—Constructive Trust—Fraud.-—K. in his life-time purchased of one B. the land in controversy, paying therefor money received from his mother, the defendant, with the understanding that he should purchase the land for her benefit, taking the deed in his own name.</p> <p>Plaintiff, then the wife of K., with full knowledge of the facts, procured V. to make a deed of gift of the premises to her. Held, That the plaintiff took the legal title in trust for the defendant.</p> <p>Id.—Id.—Id.—Evidence.—Held, further, That it was not error to admit declarations of K. made after the deed of gift from V. to the plaintiff, that the purchase money of the premises belonged to the defendant, and that the purchase was made with her money and for her benefit, and that the title was held for her use.</p> <p>Id.—Id.—Id.—Statute oe Limitations.—Held, further, that the Statute of Limitations did not apply to the case.</p>