Dalbkermeyer

Plaintiff brought suit to quiet title to certain real property which had been conveyed to and stood of record in the names of plaintiff and defendant as .joint tenants, and subsequently he amended his complaint by adding a second cause of action thereto whereby he sought to impress the property with a constructive trust and to compel a conveyance of defendant’s title therein to him. Judgment was rendered in favor of defendant and plaintiff appeals.

Plaintiff does not question the trial court’s decision relating to the first cause of action, but as to the second he contends in substance that the trial court’s affirmative findings upon certain probative facts alleged therein are sufficient to establish a constructive trust, and that, therefore, the decision with respect to the second cause of action is not supported by the findings and is contrary to law.

The main facts disclosed by the record are as follows: In November, 1914, plaintiff, being then fifty-eight years of age, was living alone in Los Angeles, having been estranged from his wife for a number of years, although not divorced. He was the owner of property of the value of $45,000 or $50,000, and was engaged in a number…