McRae v. McRae

In McRae v. McRae (1924) 67 Cal.App. 480, the appellate court considered statements made subsequent to a transfer of property in support of a constructive trust. The appellant argued these statements could not be considered unless they directly referred to the acts or statements of the parties at the time the transaction consummated. The court cited Sherman but concluded: "So, while it is true, that a constructive trust cannot be created by a naked promise of the grantee after conveyance made to him, it is equally true that his declarations showing the existence of a trust at the time he accepted the conveyance, afford strong evidence against him in the establishment of the trust . . . ." (Id. at p. 485)