Hamlin

Hamlin v. Philips

Good Law
1893 Cal. LEXIS 1040·4 Cal. Unrep. 4·33 P. 331
Supreme Court of CaliforniaJune 6, 1893No. 15,040California507 words

Opinion

Lead Opinion

Garoutte, J.

This action was brought to obtain a judgment and decree that the land described in the complaint, the title to which stood in the name of P. J. Philips at the time of his death, and also certain personal property, was the property of the plaintiff, and that P. J. Philips, deceased, was her trustee, and that his estate had no right or interest in said property, or any part thereof. Judgment went for defendant, and this appeal is taken from the judgment and order denying a motion for a new trial. The findings are full and complete. They controvert the claims of the plaintiff at all points, and warrant the judgment rendered. It is now insisted that the evidence does not support the findings. We have examined with great care the record containing a detailed statement of the evidence given at the trial, and find ample there to justify the findings of the court. The plaintiff is a sister of Philips, deceased. She was about seventy-seven years of age at the date of the trial, and was the principal witness in the case. She was a woman of means, and advanced money to her brother for various purposes. The property involved in this litigation was purchased with this money, and the title…

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