Legal Opinion
Stewart v. Marvin
California Court of Appeal
Decided March 9, 1956No. Civ. 4958PublishedCited by 16 opinions
1Opinion of the CourtGriffin, J.
Plaintiff brought this action against defendant to partition certain property in Kern County. Defendant answered and by way of cross-complaint sought a declaration that plaintiff held the property as constructive trustee for defendant because a former deed to the property was obtained by fraud and undue influence.
The facts show that defendant, in 1933, then aged 62, was married to Anastasia Marvin, then aged 42; that in 1948, they were divorced and a property settlement agreement was entered into whereby defendant, by deed, became the sole owner of their home as his separate property.…
2Cases cited11 opinions
- Brison v. BrisonCalifornia Supreme Court · 1891
- Tillaux v. TillauxCalifornia Supreme Court · 1897
- Sparks v. SparksCalifornia Court of Appeal · 1950
- Mead v. MeadCalifornia Court of Appeal · 1919
- Kelly v. McCarthyCalifornia Supreme Court · 1936
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Odorizzi v. Bloomfield School DistrictCalifornia Court of Appeal · 1966
- O'NEIL v. SpillaneCalifornia Court of Appeal · 1975
- Preston v. DenkinsArizona Supreme Court · 1963
- Keithley v. Civil Service BoardCalifornia Court of Appeal · 1970
- Channell v. AnthonyCalifornia Court of Appeal · 1976
11 more not listed; retrieve them via the Exa API.