Holbert
Holbert v. Wilson
Opinion
Lead Opinion
Nourse, J.
Defendant appeals from a decree by the terms of which he is ordered to convey certain real property to the plaintiff.
The complaint and the findings of fact are, to say the least, inartifieially drawn, but we have reached the conclusion that by the complaint, facts are alleged which spell out a cause of action and that by the findings, facts are found, which support that cause of action; and, that therefore, even though it may be that the trial court reached its decision on an erroneous theory, its judgment, being in fact correct, must be affirmed. (Sears v. Rule, 27 Cal.2d 131, 140 [ 163 P.2d 443 ] ; Bank of America v. Vannini, 140 Cal.App.2d 120, 127 [ 295 P.2d 102 ].)
The following facts may be gleaned from the complaint, although not clearly alleged therein: Plaintiff was a sister of one Anna Hilburn, hereinafter called “Anna,” and a relationship of trust and confidence existed between them; in 1933 Anna deeded the real property in question to plaintiff and plaintiff in consideration of the deed undertook to provide care, comfort and sustenance for Anna during her life; *177 in 1952 plaintiff conveyed the property to Anna without consideration; Anna agreed that the property…