Griffin v. Blanchar
California Supreme Court
Appeal from the Tenth District. The main facts are stated by the Court. The suit was against Mrs. Blanchar and her husband I. D. Blanchar, as individuals, against her as trustee of her minor children, Harriet M. and g. Risley, and against said children as minor heirs of J. Risley, deceased.
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Appeal from the Tenth District. The main facts are stated by the Court. The suit was against Mrs. Blanchar and her husband I. D. Blanchar, as individuals, against her as trustee of her minor children, Harriet M. and g. Risley, and against said children as minor heirs of J. Risley, deceased. Defendants demurred to the complaint on the grounds that there was a misjoinder of parties defendant, and that the complaint does not state facts sufficient to constitute a cause of action. Demurrer sustained, no reason being assigned, and final judgment for defendant from which plaintiff appeals.
1Opinion of the CourtCope, J.
Field, C. J. concurring.
On the tenth of July, 1853, the plaintiff conveyed to Martha J. Blanchar, with the consent and approbation of I. D. Blanchar, her husband, a tract of land, in trust for certain children of Mrs. Blanchar by a former marriage. The conveyance acknowledged the payment of a consideration of §12,000, but no part of this sum was actually paid. To secure its payment, together with other *74indebtedness, Mrs. Blanchar and her husband executed their promissory notes, and a mortgage upon other property also held by her in trust for her children. By a subsequent arrangement between…
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