McLennan v. McDonnell
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. The action was brought to quiet the title of the plaintiff to a portion of the Rancho San Pedro, situated in Los Angeles County.
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Appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. The action was brought to quiet the title of the plaintiff to a portion of the Rancho San Pedro, situated in Los Angeles County. The defendant claimed that the land in controversy had been conveyed to plaintiff wholly in trust for J. D. Campbell, the grantor of defendant, and that said Campbell had paid the whole of the purchase-money of $4,435 to Joseph Baxter, who had conveyed the title to plaintiff, and that said Campbell was the real and equitable owner of the land. The plaintiff…
1Opinion of the CourtPaterson, J.
Plaintiff and Campbell purchased the land in controversy from Baxter, who was then the owner thereof, on December 15,1883. In the deed from Baxter, by direction of Campbell, plaintiff alone was named as grantee. It is admitted that plaintiff under this deed was trustee for Campbell to the extent of Campbell’s interest. Campbell had exclusive possession of the land from the date last named until December 28,1885. Plaintiff and Campbell were brothers-in-law, and plaintiff permitted the latter to occupy and cultivate the land at his own expense and risk, and for his own benefit, without rent. On…
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