Bradley
Bradley Co. v. Bradley
Opinion
Lead Opinion
Kerrigan, J.
This is an appeal by the defendant from a judgment in favor of plaintiff declaring defendant an involuntary trustee of certain real property and ordering an accounting.
The facts pertinent to this appeal, outside of those stated in the course of this opinion, are fully set out in Bradley Company v. Bradley, post, p. 270, [ 173 Pac. 1009 ],
The complaint alleges and the court found that one Richard Bradley, respondent’s predecessor in interest, owned a lot on Gough Street, in San Francisco, on November 10, 1906; that he desired to borrow money on said property, and, in order to do so without appearing himself as the borrower, he made a conveyance thereof to the defendant in order that she might borrow money upon it for him; that on said date, without receiving any consideration therefor, he conveyed the same to her by a grant, bargain, and sale deed, and that she orally promised and agreed to take and hold said property in trust for him, and to borrow money by mortgage upon it, and on demand to reconvey it to him; that at said time and for a period prior thereto defendant was and had been the confidential agent of Bradley, and that said conveyance was made in implicit reliance…