TIBBITTS v. FIFE

Docket No. 23019.

162 Cal.App.2d 568 (1958)

328 P.2d 212

HAROLD J. TIBBITTS, Appellant, v. ROBERT G. FIFE, Individually and as Executor, etc., et al., Respondents.

Court of Appeals of California, Second District, Division Two.

August 4, 1958.


Attorney(s) appearing for the Case

Patrick B. Phelan for Appellant.

Hosmer & Eagleson, David N. Eagleson and Harwood Stump for Respondents.


HERNDON, J.

The sole question presented on this appeal is whether the trial court erred in refusing plaintiffs' demand for a jury trial in a suit to establish a constructive trust with respect to certain real property.

Harold and Paul Tibbitts joined as plaintiffs in filing a pleading entitled "First amended complaint to establish a constructive trust and for an accounting of rents, issues and profits." The named defendants were Margaret Rainbolt and Robert...

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