Brown

Brown v. Brown

Good Law
1920 Cal. App. LEXIS 380·48 Cal. App. 84·291 P. 702
Court of Appeal of CaliforniaJune 7, 1920Civ. No. 3423.California1,177 words

Opinion

Lead Opinion

Waste, J.

brought this action against her husband alleging in her complaint that certain real property in the city of Los Angeles, purchased by her with her separate funds, was, without her consent and through the unauthorized act of the defendant, deeded to plaintiff and defendant, as joint tenants; that after the execution of the deed defendant assured plaintiff that his apparent interest in said property was merely held by him in trust and for her benefit; that, relying upon these assurances, plaintiff paid six thousand five hundred dollars from her separate funds, in discharging a mortgage and a deed of trust on said property and in securing the release and satisfaction of the debts secured thereby; that thereafter defendant repudiated the trust and denied any interest of plaintiff in the property, and has not paid any part of the purchase price or of the amount expended in securing the release and discharge of the encumbrances thereon. Plaintiff further alleges that through fear and intimidation, and without any consideration on her part, the defendant, some two years after the purchase, compelled her to sign a contract, reciting that the parties were owners, as joint tenants, of the…

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