Delannoy

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 629 Early in the year 1909 the respondent Alfred Quetu, a native of France, who had for many years resided in California, owned an option to purchase a ranch consisting of about 400 acres, in Orange County. In the month of May of said year he visited his mother, Hermance Quetu, and his brothers and sisters, all of whom were then residing in France. During his stay abroad his mother delivered to him 60,000 francs for investment in this country, and which he testified that he did invest in Arizona mining property. It appears that Quetu, upon his departure for the old country, had left a foreman by the name of Butler in charge of the ranch, and that prior to his return he paid for the same through Butler. During his visit abroad Quetu advised the plaintiff Julienne Delannoy, a sister, and her husband, Samuel, as he did Frank Dupre, a cousin, and Augustin Quetu and Gabrielle Quetu, a brother and sister, respectively, to come to America; previously to Alfred Quetu's return they came here, and all commenced to live and work upon the Orange County…

On motion for rehearing. The judgment of the superior court herein having been affirmed, appellants petition for a rehearing, and assign two grounds upon which they assert that it should be granted. *Page 642 It is said, first, that the opinion of this court was founded principally upon the fact that after Delannoy became a stockholder of the Valencia Ranch Company he redelivered to Quetu his stock in consideration for property situated at Downey and that Delannoy, therefore, was no longer a stockholder and had no further interest in the corporation or the land in suit; that the trial court found "that said land was conveyed to Samuel Delannoy, but expressly made no finding as to whether or not said property was conveyed in full satisfaction of all claims of plaintiff against defendant," and that this amounted to a finding in favor of the plaintiffs. We think the appellants misinterpret the finding of the lower court, and seek to restrain the holding here within bounds far narrower than its language permits. It should be borne in mind that real property alleged to have been situated in San Bernardino and Riverside Counties constituted the subject of the action and that appellants…