Hainey

Plaintiff brought an action against defendants to impose a resulting trust, for declaratory relief and to quiet title. The trial court rendered judgment in favor of plaintiff on the theory of a resulting trust and ordered defendants to execute a deed to the subject property to plaintiff. Defendants have appealed.

In the latter part of 1950, defendant Kenneth Narigón, who was a World War II veteran, told plaintiff, his brother-in-law, who was not a veteran, that he did not plan to use his G. I. loan which would expire shortly and that if plaintiff and his wife wanted to buy a house and make use of it, he would arrange to let them have it. Plaintiff thereafter located a veteran G-. I. house for sale and placed a deposit on it. A deposit receipt and agreement was signed by plaintiff and his wife and defendants. The sale was to be financed by a Veterans Administration guaranteed loan. Plaintiff was told that the veteran loan could not go through that way. So, for that reason, the names of defendants alone were thereafter used in the purchasing and financing transaction. The escrow and loan papers were signed by defendants in the presence of plaintiff. Title was taken in the name of…