Somers v. Overhulser
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Fresno. The facts sufficiently appear in the opinion of the court.
1Opinion of the CourtRoss, J.
It is the settled rule in this State, as elsewhere, that when land is purchased, for which one party pays the consideration and another party takes the title, a resulting trust immediately arises in favor of the party paying the consideration, and the other party becomes his trustee; and, also, 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. (Case v. Codding, 38 Cal. 191.) The facts of the present case bring it within this rule. (See also § 2224, Civ. Code.)
Judgment reversed and cause…
2Cases cited1 opinion
- Case v. CoddingCalifornia Supreme Court · 1869
3Cited by7 opinions
- Murphy v. ClaytonCalifornia Supreme Court · 1896
- Moultrie v. WrightCalifornia Supreme Court · 1908
- Gerety v. O'SheehanCalifornia Court of Appeal · 1908
- Breitenbucher v. OppenheimCalifornia Supreme Court · 1911
- Juranek v. JuranekCalifornia Court of Appeal · 1938
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