Legal Opinion

Gerety v. O'Sheehan

California Court of Appeal

Decided November 28, 1908No. Civ. No. 581PublishedCited by 14 opinions

APPEAL from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. W. P. James, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtShaw, J.

Action to enforce an alleged resulting trust.

The trial court found, in substance, that on February 13, 1906, pursuant to an existing oral agreement between them, plaintiff delivered to defendant the sum of $600, which, with $1,400 contributed by defendant, was to be used by him in acquiring in his own name, but for the joint use and benefit of plaintiff and defendant, in the proportion that $600 bears to $2,000, certain real estate, the purchase price of which was $3,500, payable $2,000 in cash, contributed as aforesaid, and the balance by giving a mortgage upon said real estate. That in…

2Cases cited6 opinions

  1. Bauer v. GarrettCalifornia Supreme Court · 1889
  2. Harris v. HarrisCalifornia Supreme Court · 1902
  3. Faylor v. FaylorCalifornia Supreme Court · 1902
  4. Case v. CoddingCalifornia Supreme Court · 1869
  5. Bayles v. BaxterCalifornia Supreme Court · 1863

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Viner v. UntrechtCalifornia Supreme Court · 1945
  2. Jackson v. JacksonSupreme Court of Georgia · 1920
  3. Reid v. KeatorIdaho Supreme Court · 1934
  4. Smith v. SmithCalifornia Supreme Court · 1916
  5. Breitenbucher v. OppenheimCalifornia Supreme Court · 1911

9 more not listed; retrieve them via the Exa API.

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