IN RE TORREZ

No. 86-2079.

827 F.2d 1299 (1987)

In re Joseph TORREZ, Individually and dba Torrez Machine Shop, and Mary Hilda Torrez, Debtors. John TORREZ, Jr.; Jessie Torrez; and Rachel Torrez Tristao, Appellees, v. Joseph TORREZ, individually and dba Torrez Machine Shop; and Mary Hilda Torrez, Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1987.


Attorney(s) appearing for the Case

Robert G. Carter and R. Rich Myers, Fresno, Cal., for appellees.

W. Richard Lee, Fresno, Cal., for debtors-appellants.

Before CHOY, TANG and NELSON, Circuit Judges.


TANG, Circuit Judge:

In this case we decide whether, in the context of a bankruptcy proceeding, a resulting trust may survive a challenge of illegal purpose under California law. At stake is who is entitled to a parcel of land: the purchasers, who attempted to circumvent federal reclamation law by putting title in the names of their children; or those children, who never paid for the land but nonetheless seek to wrest it from their parents. We reject the children...

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