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Somers v. Overhulser

Supreme Court of California
Jul 30, 1885
67 Cal. 237 (Cal. 1885)

Opinion

         Department One

         Appeal from a judgment of the Superior Court of the county of Fresno.

         COUNSEL:

         E. D. Edwards, and H. S. Dixon, for Appellant, cited Cal. Civ. Code, §§ 853, 2224; Hidden v. Jordan , 21 Cal. 92; Case v. Codding , 38 Cal. 191.

          H. C. Tupper, Tupper & Terry, and E. C. Winchell, for Respondents, cited Olcott v. Bynum, 17 Wall. 44.


         JUDGES: Ross, J. McKee, J., and McKinstry, J., concurred.

         OPINION

          ROSS, Judge

         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 remanded with directions to the court below to overrule the demurrer to the complaint, with leave to defendants to answer.


Summaries of

Somers v. Overhulser

Supreme Court of California
Jul 30, 1885
67 Cal. 237 (Cal. 1885)
Case details for

Somers v. Overhulser

Case Details

Full title:W. G. SOMERS, Appellant, v. C. B. OVERHULSER et al., Respondents

Court:Supreme Court of California

Date published: Jul 30, 1885

Citations

67 Cal. 237 (Cal. 1885)
7 P. 645

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