Thompson

Plaintiff’s action sought to cancel a deed of trust to certain designated property in the City of Los Angeles, to quiet title thereto and for a decree that defendants hold as constructive trustees thereof. She appeals from a judgment denying any relief; she has also attempted to appeal from the nonappealable order denying a new trial.

Defendant Thompson, who was never served with process (and made no appearance) is plaintiff’s former husband. Title to the property in question, prior to the divorce proceedings commenced by plaintiff in July of 1958, was vested in the Thompsons as husband and wife as joint tenants. In the early part of 1959 and while a civilian employee with the United States Navy, defendant Thompson became involved in asserted criminal activities aboard ship. Attorney Walter L. Gordon, Jr., was consulted and retained, the fee agreed upon being $2,500. Defendant Cleveland, who is Mr. Thompson’s sister, paid Gordon $1,000; the balance of the fee, it was further agreed, was to be paid to Gordon from approximately $2,800 in a retirement fund to which Thompson was entitled. Meantime plaintiff, upon inquiries by Thompson and Gordon, refused to execute a note in Gordon’s…