HORTON v. KYBURZ

Docket No. Sac. 7006.

53 Cal.2d 59 (1959)

346 P.2d 399

VINCENT J. HORTON, Appellant, v. NORVIN R. KYBURZ, Respondent.

Supreme Court of California. In Bank.

November 17, 1959.


Attorney(s) appearing for the Case

Rowland & Paras and George E. Paras for Appellant.

Brandenburger, White & Dillon and William A. White for Respondent.


SCHAUER, J.

In this action to have defendant declared the constructive trustee for plaintiff of an undivided one half interest in real property, plaintiff appeals from a judgment which decrees that he has no interest in such property. Plaintiff alleged and the trial court found facts sufficient to raise a constructive trust under the view of Notten v. Mensing (1935), 3 Cal.2d 469, 473-477 [1-6] [45 P.2d 198], and Ryan v. Welte (1948), 87...

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