Bonifacio v. Stuart

STURTEVANT, J.

The defendant, in the trial court, has appealed from an adverse judgment as to his title to a fractional interest in certain lands in Monterey County. The defendant acted as attorney for the plaintiff in the case of

Espinosa

v.

Bonifacio et al.,

No. 6436, records superior court, state of California, in and for the county of Monterey, that being the same litigation referred to in

Espinosa

v.

Stuart, ante,

p. 477, [199 Pac. 66], and which is hereby referred to for additional facts. In his complaint the plaintiff alleged that he was the owner of an undivided one thirty-second interest in certain lands, describing them; that the defendant claimed some interest which was without right; that the defendant acted as attorney for this plaintiff for a long period in a suit entitled

Espinosa

v.

Bonifacio et al.,

and in other matters; that during all that time plaintiff had full confidence in defendant; that during said time said attorney asked said client to sign two papers, saying they were papers to clear the title to the lands in dispute in

Espinosa

v.

Bonifacio et al.;

that, in truth, one of said papers was a deed by which plaintiff conveyed to defendant three-tenths of his one thirty-second interest ; that the other paper was an assignment of three-tenths of plaintiff’s rentals, aggregating $500 per annum; that the aforesaid statement of said attorney to said client was false; that plaintiff believed and acted on it; that plaintiff did not receive any consideration for said interests; that the defendant had collected $200 of the rentals so assigned; and that the plaintiff had no plain, speedy, and adequate remedy at law.

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