Curry

Curry v. King

Good Law
1907 Cal. App. LEXIS 99·6 Cal. App. 568·92 P. 662
Court of Appeal of CaliforniaOctober 7, 1907Civ. No. 378.California3,482 words

Opinion

Lead Opinion

Hart, J.

The purpose of this action is to secure a decree, declaring the property described in the complaint to be held in trust by the defendants for the plaintiff; that the deed under which the defendants hold said property be adjudged to have been obtained by fraud, and that the same is fraudulent, null and void, etc. In accordance with the allegations of the complaint and the prayer thereof, the decree adjudges that “the plaintiff is the owner in her own right and as her separate property of an undivided one-half interest” in the land described in the complaint; that “the defendant, W. 0. Pickerell, holds the record title of said property in trust for the plaintiff”; that “the deed from the plaintiff herein to the defendant, W. 0. Pickerell, was procured by misrepresentation and fraud,” and that said Pickerell “holds said property as a mere trustee and agent and has no personal interest therein or beneficial estate in the same and the said deed of the plaintiff so delivered to said Pickerell, acknowledged and recorded, is hereby declared and decreed to be null and void, and the plaintiff is declared and decreed to be the owner in fee, seized and possessed and entitled to the possession…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.