Burrows v. Burrows

Holding

The court held that a conveyance of real and personal property from a father to his son, made upon the son's oral promise to reconvey after refinancing an existing loan, created an involuntary trust. The son’s subsequent refusal to reconstitute the property constituted fraud under Civil Code section 1572 and a violation of that trust under Civil Code section 2224, which equity would enforce despite the statute of frauds, particularly given the confidential relationship between the parties.