Halloran

This is an appeal from a judgment against the plaintiff in an action to establish a resulting trust in one-half of the property of the estate of said deceased. It is alleged that an oral agreement existed between the parties constituting a joint venture or partnership by the terms of which they were to share equally in the profits derived from buying and selling real property.

Alice E. A. Longley resided in New York. She was separated from her husband. She was subsequently divorced. Prior to her divorce she met the plaintiff in 1903. Pie is a carpenter and builder. They lived together in illicit relationship until the time of her death September 12, 1927. In 1904 they moved from New York to Texas. In 1906 they acquired a residence in Los Angeles. Soon thereafter Mrs. Longley returned to New York. The plaintiff went to San Francisco, where he engaged in the business of carpentering in his own behalf for a year or more. The parties resumed their residence at Los Angeles about 1908 and continued their former relationship. This status continued until the death of Mrs. Longley. For a period of time the parties rented and used a safe deposit box. Each party maintained separate bank…