Langer v. Langer

California Court of Appeal Jun 3, 1948 No. Civ. 13737Published

Before: Ward

AI Brief

AI-generated · verify before citing

Holding. The court held that the evidence was sufficient to support the trial court's finding that a resulting trust existed in favor of the mother, as the son held legal title to property purchased with the mother's funds.

Issues

Whether the evidence was sufficient to support the trial court's findings regarding the existence of a resulting trust.
Whether the transfer of funds from the mother to the son constituted a gift.
Whether the mother's actions in placing title in the son's name constituted a fraud upon creditors that would bar the maintenance of a resulting trust.

Disposition. affirmed

Quotations verified verbatim against the opinion

“A reviewing court may not deem as unworthy of belief evidence which a trial court, having seen the parties and observed their demeanor and manner as witnesses, has accepted.”

“The real question is the sufficiency of the evidence to sustain the findings.”

“The court was justified in finding that the mother did not place the deed to the property in the son’s name to defraud creditors.”

WARD, J.

Plaintiff filed a quiet title action against her son which was changed by amended complaint to an action praying for a decree that the legal title to certain property was held in trust for her use and benefit. The property was purchased from E. Cittrino on March 28, 1938, title being taken in the name of defendant Martin P. Langer. The complaint alleges ‘ ‘ That the entire consideration for the transfer of the said real property and for the execution of said grant deed to the said Martin P. Langer was paid by plaintiff; and that no part of the consideration therefor was paid by the defendant Martin P. Langer either to the said E. Cittrino or to plaintiff, or at all; and that the said defendant Martin P. Langer, by reason of the premises, took the legal title to said real property in trust for the use and benefit of plaintiff.” The court found in accord with the quoted portion of the complaint. Other findings are to the same effect.

From 1923 to about 1935, the mother was engaged in buying, operating and selling small theaters. The son started as a youth to work as a motion picture operator, but eventually managed theaters. Subsequently he worked as a taxi driver.

As appears in the record, the mother made an affidavit to the Public Welfare Department for the purpose of obtaining a pension for her husband, also one, during the war, to assist her son in obtaining a release from the army. Another affidavit, presented to a draft board, stated that her son was her sole support. The mother made no income tax returns but left such matters to her son. According to her testimony, whatever money she made from regular or irregular transactions

[808]

she turned over to the son except during a period when he was out of the state.

As stated, title to the property was taken in the name of Martin P. Langer. It consisted of a lot in San Francisco with a house on the street and a cottage in the rear. The son made a down payment thereon of $1,000; the balance was borrowed from a building and loan association. The plaintiff mother resided in the premises at the front, where she maintained a rooming house. The defendant son, with his wife, resided in the cottage at the rear. At the time of the purchase the mother had outstanding against her one judgment. Neither plaintiff nor defendants paid rent to the other party.

Langer v. Langer

AI Brief

WARD, J.

More from California Court of Appeal

Related research

AI Brief