Arrata

The State of California, under an appropriate statute (Stats. 1925, chap. 70, as amended, known as the High Grade Act) brought this action against appellant and others to escheat certain gold bullion.

The complaint alleges that the State of California has held unclaimed for a period of.five years 202.10 ounces of gold bullion; that defendants assert some claim thereto but the same is without right, and pray that the bullion be declared to have escheated to the state.

From the evidence it appears that Castro Arrata took this bullion in the form of a bar to the Bank of Italy for the purpose of selling the same. He was informed the bank was not purchasing gold, and he then asked Charles P. Fitzgerald, a special police officer of the bank and a friend of his, to care for this gold. Fitzgerald first attempted to place the same in his safe-deposit box but on account of its size or shape it could not be so deposited, so he put it in his steel locker where it remained for about three weeks. Fitzgerald was then about to go on his annual vacation, and not wanting to leave the gold in the locker, he attempted to return it to Arrata. He could not find Arrata on the night of his departure,…