Carr

Carr v. Carr Co.

Good Law
1918 Cal. App. LEXIS 30·39 Cal. App. 53·177 P. 856
Court of Appeal of CaliforniaDecember 4, 1918Civ. No. 2585.California1,085 words

Opinion

Lead Opinion

Conrey, J.

This is an appeal from a judgment quieting the plaintiff’s title to certain described real property. The evidence of plaintiff’s title consists of the judgment rendered in a certain action of divorce wherein Fannie A. King was plaintiff and Maurice A. King and the Carr Company were defendants. Upon issues voluntarily presented by the parties for decision in that action, the court determined therein that said real property was purchased or traded for by the defendant King with property then and there the property of the plaintiff, except as to the sum of five hundred dollars, which the defendant King had contributed by purchasing a mortgage upon certain personal property of the plaintiff which thereafter was used in trading for said acreage; that the defendant King, taking advantage of his relationship with the plaintiff as her husband, and of the trust and confidence which she reposed in him, had caused the title to said land to be placed in the name of the Carr Company without the knowledge or consent of the plaintiff; that the defendant King controlled the business of said corporation for his own use and benefit; that the defendant King commingled the funds of the Carr Company…

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