MARSHALL v. MARSHALL

Docket No. 17799.

165 Cal.App.2d 669 (1958)

332 P.2d 107

JOHN A. MARSHALL, Respondent, v. GARDNER ELLIOT MARSHALL, as Special Administrator, etc., Appellant.

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

December 4, 1958.


Attorney(s) appearing for the Case

Oliphant, Hopper & Stribling and David D. Oliphant, Jr., for Appellant.

Joseph I. Alioto and Walter F. Calcagno for Respondent.


DRAPER, J.

In 1927 plaintiff son bought land in Berkeley from his mother, and built an apartment house upon it. By 1935, the mother held her son's note for more than $30,000, secured by second deed of trust. The son then executed grant deed conveying the property to his mother. At the same time he signed and acknowledged a declaration stating that the deed was given in consideration of cancellation of the indebtedness secured by the second deed of trust, which consideration...

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