STEWART v. MARVIN

Docket No. 4958.

139 Cal.App.2d 769 (1956)

294 P.2d 114

WAYNE T. STEWART, Appellant, v. JOHN MARVIN, Respondent.

Court of Appeals of California, Fourth District.

March 9, 1956.


Attorney(s) appearing for the Case

Deadrich, Gill & Bates, Deadrich, Bates & Stewart and John H. Stewart for Appellant.

Woodruff & Williams for Respondent.


GRIFFIN, J.

Plaintiff brought this action against defendant to partition certain property in Kern County. Defendant answered and by way of cross-complaint sought a declaration that plaintiff held the property as constructive trustee for defendant because a former deed to the property was obtained by fraud and undue influence.

The facts show that defendant, in 1933, then aged 62, was married to Anastasia Marvin...

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