Case v. Codding
California Supreme Court
Appeal from the District Court of the Seventh District, Sonoma County. Suit was brought to compel the defendant to execute a conveyance to plaintiff of the undivided one half of a lot or parcel of land lying in the City of Petaluma, to which plaintiff claimed to be entitled by virtue of his having paid one half of the purchase money for the same, together with the defendant, to whom alone the deed from the vendor was made, conveying to the defendant the title to the whole.
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Appeal from the District Court of the Seventh District, Sonoma County. Suit was brought to compel the defendant to execute a conveyance to plaintiff of the undivided one half of a lot or parcel of land lying in the City of Petaluma, to which plaintiff claimed to be entitled by virtue of his having paid one half of the purchase money for the same, together with the defendant, to whom alone the deed from the vendor was made, conveying to the defendant the title to the whole. The case was tried without a jury, and findings and judgment were rendered in favor of plaintiff. The defendant made a…
1Opinion of the CourtRhodes, J.
The rule is well settled that, when land is purchased, for which one party pays the consideration and another parly takes the title, a resulting trust immediately arises in favor of the party paying the consideration, and the other party becomes his trustee; and it is now equally well settled that, if the one party pays only a part of the consideration, the party taking the title to the whole land becomes a trustee for the other party, pro tanto. The party setting up the trust, must show that the money was paid by him, at or before the execution of the conveyance. (Bottsford v. Burr, 2 John.…
2Cases cited6 opinions
- Arnold v. SkaggsCalifornia Supreme Court · 1868
- Millard v. HathawayCalifornia Supreme Court · 1865
- Hidden v. JordanCalifornia Supreme Court · 1862
- Currey v. AllenCalifornia Supreme Court · 1867
- Rogers v. HuieCalifornia Supreme Court · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Shaffer v. FettyWest Virginia Supreme Court · 1887
- Thurber. Whyland & Co. v. LaRoqueSupreme Court of North Carolina · 1890
- South San Bernardino Land & Improvement Co. v. San Bernardino National BankCalifornia Supreme Court · 1899
- Hellman v. MessmerCalifornia Supreme Court · 1888
- Lincoln v. ChamberlainCalifornia Court of Appeal · 1923
14 more not listed; retrieve them via the Exa API.