Horton v. Kyburz

In this action to have defendant declared the constructive trustee for plaintiff of an undivided one half interest in real property, plaintiff appeals from a judgment which decrees that he has no interest in such property. Plaintiff alleged and the trial court found facts sufficient to raise a constructive trust under the view of Notten v. Mensing (1935), 3 Cal.2d 469, 473-477 [1-6] [45 P.2d 198], and Ryan v. Welte (1948), 87 Cal.App.2d 897, 901-903 [4-6] [198 P.2d 357]; i.e., plaintiff’s father and stepmother orally agreed that all their property would go to the survivor for life and that…