Androski v. Thurber

136 Cal. App. 2d 471 ·

California Court of Appeal · Filed

Published · citable

Holding

The court held that a grant deed, absolute on its face, may be subject to an enforceable constructive trust where clear and convincing evidence establishes it was conveyed in reliance upon an oral promise by the grantee to hold the property for the benefit of third parties, and that such a trust is not barred by statutes of limitation or the statute of frauds when the grantee’s repudiation occurs within the statutory period preceding the action.

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