Bradley
Bradley Co. v. Bradley
Opinion
Lead Opinion
Kerrigan, J.
In this action plaintiff sought to have the defendant declared an involuntary trustee for the plaintiff of certain real property described in the complaint, and to compel a conveyance thereof to the plaintiff, and an accounting for its rents and profits since February 28, 1910.
On the main issue in the case judgment went in favor of the plaintiff, ordering in its favor a conveyance of the property. Defendant appealed therefrom, and said judgment has this day been affirmed by this court. Plaintiff also took an appeal from said judgment, being dissatisfied with that portion thereof which, as the result of the accounting had, awarded to the defendant the sum of $800.21, and gave to her a lien upon the real property for that amount, and this is the appeal which is now before us.
The sole point made by plaintiff is that this provision of the judgment is not supported by the findings.
Summarized, the findings show that prior to February 28, 1910, the defendant held the property described in the complaint in trust for the plaintiff; that on that date she repudiated her trust; that since that time down to June 18, 1915, when the court’s decision was made and filed, she had received as…