Larkin

Larkin v. Mullen

Good Law
128 Cal. 449·1900 Cal. LEXIS 620·60 P. 1091
Supreme Court of CaliforniaMay 1, 1900Sac. No. 604.California1,317 words

Opinion

Lead Opinion

Harrison, J.

The defendants appeal from a judgment directing them to deliver up a certain deed executed by plaintiff, to the defendant, Mrs. Mullen, the wife of the other defendant; that said deed be canceled, and that defendants reconvey to plaintiff the premises described therein. A demurrer to the complaint was overruled by the superior court, and, upon the issues presented by the answer of the defendants, the cause was tried by the court, and findings made supporting the averments of the complaint. Judgment was thereupon entered in favor of the plaintiff. The appeal is brought here upon the judgment-roll, without any bill of exceptions. The findings of fact are sufficient to support the judgment, and, as the appellants have not brought up the evidence, it must be assumed that it was sufficient to support each of the findings. The appellants contend, however, that the complaint is insufficient, and that the general demurrer thereto should have been sustained.

1. It is alleged in the complaint that the plaintiff was induced to reside at the home of the defendants by reason of their false representations that they were his true and devoted^ friends; that while so residing with them he became…

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