Johnson v. National Surety Co.

Plaintiff brought this action to establish a trust in real property, for an accounting and for the appointment of a receiver. Defendant demurred to the amended complaint. The demurrer was sustained and plaintiff refusing to further amend, judgment was rendered for defendant and from this judgment plaintiff has' appealed.

The amended complaint alleged that plaintiff and one H. T. Johnson are husband and wife. That on February 19, 1926, she and her husband owned as community property a certain deed of trust and note, executed by Carrie E. Craig and Jeanette Lohrum to her said husband. That on December 26, 1926, without assignment in writing, or indorsement by appellant’s said husband, and against her consent, /respondent obtained possession of said note and deed of trust. That on September 27, 1927, without the knowledge or consent of appellant and without consideration having passed from respondent to her, the respondent sold said collateral security, to wit, said note and deed of trust at private sale; that thereupon respondent, without consideration, valuable or otherwise, pretended to purchase said collateral security covering the real property described in the said complaint.…