Hillyer v. Hynes

33 Cal. App. 506 ·

California Court of Appeal · Filed

Published · citable

Holding

The court held that a constructive trust arises by operation of law when a party, standing in a confidential relationship with a grantor, accepts a conveyance of real property based on an oral promise to hold it for the benefit of a third party and subsequently breaches that promise, and that the applicable statute of limitations for an action to recover the property is the five-year period prescribed for actions to recover real property.

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