McRae

Two suits in equity were filed by the respondent against appellant on the nineteenth day of July, 1921, one involving certain furniture and other personal property, and the other an interest in a contract for the purchase from defendant Los Angeles Investment Company of lot 208 of St. Vincent College tract, in the city of Los Angeles, which respondent assigned and transferred to appellant on February 25, 1918, each praying that a decree be entered declaring that appellant held said property in trust for the use and benefit of respondent, and that he be required to re-convey the same, with the rents, issues and profits thereof, to respondent; also for an order restraining any transfer pending final judgment. Said suits were consolidated and tried together and the court below entered a decree in favor of the plaintiff, from which defendant Robert H. McRae appeals.

The complaints recite that prior to the transfers plaintiff and defendant became engaged to marry, and that their relations were confidential; that the plaintiff was not versed in business matters, whereas the defendant was a shrewd, intelligent and experienced business man, and that plaintiff at all of said times reposed…