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

[No. 8835. Department One. July 30, 1885.] W. G. SOMERS, Appellant, v. C. B. OVERHULSER et al., Respondents. Equitt—Besülting Trust—Where in a purchase of land one person pays the consideration and another takes the title, a trust results in favor of the person paying the consideration; and where only a part of the consideration is paid by him a trust arises in his favor pro tanto. Appeal from a judgment of the Superior Court of the county of Fresno. The facts sufficiently appear in the opinion of the court. 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. [MAJORITY — Ross, J.] 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 court below to overrule the demurrer to the complaint, with leave to defendants to answer. McKee, J., and McKinstry, J., concurred.