Somers v. Overhulser

Decided July 30, 1885

California Supreme Court · decided 1885-07-30

<p>Appeal from a judgment of the Superior Court of the county of Fresno.</p> <p>The facts sufficiently appear in the opinion of the court.</p>

Relies on Case v. Codding

Good law ✅— No negative treatment on recordhow we know

Decided 1885-07-30

How this case has been cited

Cited by 6 later decisions — most recently November 1938

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Ross, J.

¶1It 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.)

¶2Judgment reversed and cause remanded with directions to the *238court below to overrule the demurrer to the complaint, with leave to defendants to answer.

¶3McKee, J., and McKinstry, J., concurred.