Baxter

Baxter v. King

Good Law
1929 Cal. App. LEXIS 840·96 Cal. App. 415·274 P. 610
Court of Appeal of CaliforniaJanuary 25, 1929Docket No. 6521.California701 words

Opinion

Lead Opinion

Tyler, J.

Action to have a trust declared in certain real property and for an accounting. By a third amended complaint plaintiff alleges that on January 1, 1892, she and one Fred G. King, now deceased, entered into a verbal agreement of partnership in the city of Denver, State of Colorado, for the purpose of purchasing, developing, and selling oil properties. That the said partnership continued in existence from the date of its inception to December 11, 1920. That on said last-named date King died in Oakland, and said partnership was thereby dissolved. During its existence, King, so it is alleged, held in his possession and exclusive control all the moneys and property of the partnership amounting to the sum of $300,000. That out of such assets King paid to plaintiff the sum of $25,000, and a like amount to himself. That ’thereafter King without the knowledge of plaintiff took from the remaining assets the further sum of $25,000 which he invested in nonmineral and

nonoil properties; that subsequent to the purchase thereof and without the knowledge and consent of plaintiff, King, without consideration, transferred the same to his wife, Hazel Hubbard King, and his mother-in-law, Mary Blanch…

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