Jackson v. Hernandez

On the principal question involved in this case, we hold that where real estate is conveyed by deed which recites a contractual consideration but which does not stipulate, either expressly or by necessary implication, that the grantee named therein shall take the equitable as well as the legal title, the parol evidence rule does not preclude the establishment of a parol trust in favor of a third person based upon a prior agreement between the grantee and such third person.

Petitioner instituted suit against respondent for the partition of real estate, and the latter filed a cross-action…