Trust—Statute op Fraud—Repudiation op Parol Trust.—The statute of frauds is never permitted to become a shield for fraud, and fraud at once arises upon the repudiation by the trustee of any trust, even if that trust rests in parol.

Id.—Action to Establish Constructive Trust in Land—Stipulation as to Legal Title.—In an action to quiet title to land, which the defendants claimed was held by the plaintiff subject to a constructive trust in their favor, a stipulation merely to the effect that the land had been conveyed to the plaintiff by certain deeds affects the legal title alone, and does not preclude evidence establishing the trust.

Id.—Creation of Trust After Conveyance—Declarations Showing Existence of Trust.—While a constructive trust cannot be created by a naked promise of the grantee after conveyance made to him, still 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.—Tracing Trust Funds into Specific Property.—Generally speaking, to charge a constructive or resulting trust upon any specific piece of property it must be shown that trust funds went to the purchase of the property.

Id.—Commingling Trust Funds—Subsequent Purchase Treated by Trustee as Trust Investment—Variance Between Pleadings and Proof.—A trustee who commingles the trust funds with money of her own and thereafter treats a particular piece of land purchased in her own name as representing an investment of the specific trust funds, will not be allowed, in an action to establish the trust in the land so purchased, to repudiate her representations, by showing that the precise trust funds did not go into the purchase, and upon such repudiation contend for a variance between the allegation and the proof.

Id.—Immaterial Variance.—In such an action, there is no material variation between an allegation that on a particular date the plaintiff was furnished by her mother with a specified sum of money to purchase and with which she purchased a certain piece of land, and proof that at that time the plaintiff had such amount of her mother’s money in her possession, and her declarations in writing that she applied it to the purchase of the land.

Id.—Statute of Limitations—Repudiation of Trust—Knowledge of Beneficiaries.—The statute of limitations does not commence to run in favor of a trustee holding the legal title to land under a positive voluntary trust resting in parol, until a repudiation of the trust by the trustee, with knowledge of the repudiation brought home to the beneficiaries.