Teixeira

Defendants appeal from a judgment in favor of plaintiffs impressing a constructive or resulting trust upon an undivided one-sixth interest in a parcel of real property situated in Tulare County, and declaring the defendant Henrique Sousa Yerissimo, hereinafter referred to as Henry, an involuntary trustee thereof, and awarding judg ment in favor of the plaintiffs and against defendants Henry Verissimo and Emily Verissimo in the sum of $23,150 as the plaintiffs’ share of the reasonable rental value of the property.

On appeal the defendants contend that the plaintiffs’ cause of action is barred by the statute of limitations and the defense of laches; that the doctrine of res judicata precludes recovery as against Emily; and that the trial court erred in not allowing to the defendants a setoff for expenditures made by them in paying taxes and making improvements and for a proportionate share of the purchase price of the property.

We have concluded that the judgment against Henry, except for the amount of the money award, is proper; but that the judgment against Emily is erroneous.

This litigation has a stormy and involved history. A full exposition of the factual background appears…