Pacheco v. Mello

(dissenting)—In my opinion the appellants ’ proof established an express trust, and the motion to dismiss, made at the close of that evidence, should have been denied.

At the trial, after the written instruments - referred to in the majority opinion had been admitted in evidence, the trial court permitted oral evidence on behalf of the appellants concerning the understanding between them and Mello at the time the deeds were executed and delivered at Carson City, Nevada. That testimony was given by disinterested persons to the effect that Mrs. Pacheco said Mello was going to the state of…