Somers v. Overhulser

Ross, 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 remanded with directions to the [238] court below to overrule the demurrer to the complaint, with leave to defendants to answer. McKee, J., and McKinstry, J., concurred.