Legal Opinion
Toney v. Nolder
California Court of Appeal
Decided October 25, 1985No. A020212PublishedCited by 8 opinions
1Opinion of the Court
Opinion
CHANNELL, J.
Sherrill J. Nolder (defendant) appeals from a judgment ordering dissolution of a partnership, an accounting, and distribution of the proceeds between herself and Buford Toney (plaintiff). The sole question presented is whether the statutory presumption that the owner of the legal title to property is the owner of the full beneficial title (Evid. Code, § 662), may be overcome by less than clear and convincing evidence when the parties to the dispute were in a confidential relationship at the time of the transaction. As will appear, we have determined that there is no…
2Cases cited14 opinions
- Vai v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1961
- Viner v. UntrechtCalifornia Supreme Court · 1945
- Lasry v. LedermanCalifornia Court of Appeal · 1957
- Martin v. KehlCalifornia Court of Appeal · 1983
- Steinberger v. SteinbergerCalifornia Court of Appeal · 1943
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3Cited by8 opinions
- Weiner v. FleischmanCalifornia Supreme Court · 1991
- In Re the Marriage of WeaverCalifornia Court of Appeal · 1990
- People v. SemaanCalifornia Supreme Court · 2007
- Tannehill v. FinchCalifornia Court of Appeal · 1986
- Murray v. MurrayCalifornia Court of Appeal · 1994
3 more not listed; retrieve them via the Exa API.