Hentig

Hentig v. Williams

Good Law
1 Cal. App. 454·1905 Cal. App. LEXIS 14·82 P. 546
Court of Appeal of CaliforniaAugust 18, 1905No. 60.California1,209 words

Opinion

lead Opinion

Smith, J.

This suit was brought to enforce a resulting or constructive trust in an undivided half of the lot of land described in the complaint, conveyed by one Zeigler to the defendant Mary Williams. The defendants Johnson and Heidel were joined as mortgagees. The plaintiff had judgment, from which all the defendants appeal.

The record contains a bill of exceptions, setting forth the evidence, with specifications of insufficiency of the evidence to justify the findings. The appeal of the defendants Williams was taken within sixty days after the entry of the judgment. The appeal of the other defendants was made after the expiration of that period.

The complaint sets forth at length all the particulars of the transactions involved, all of which are denied by the joint answer of the defendants; and in the separate answer of the defendant Mary Williams her account of the transaction is set up. The court finds all the allegations of the complaint to be true; all the allegations in the joint answer of the defendants to be untrue, except one, which is of no materiality ; and the allegations of the separate answer of defendant Mary Williams to be untrue. It also find specifically the facts as to…

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