Hutchinson v. Hutchinson

Appeal from a judgment for the defendant, and from an order denying a new trial, in the Superior Court of Alameda County. Crane, J.

The only evidence tending to sustain the finding of the Court, was that of Mrs. Levi, one of the grantors in the deed, who testified as follows: “The plaintiff came to the house once before the sale, but I did not know who she was, or that she had anything to do with the purchase of the property, until I saw her at the bank. My husband was then present with me when the money was paid over. * * * When my husband asked her why the deed went to Charles, she said that it was none of his business if she saw fit to give the property to Charles.” Charles 0. Hutchinson, the husband, was not called as a witness. On the other hand, the plaintiff testified that she did not intend the property for a present at all to any one, and that her husband did not claim the property; and several witnesses testified as to declarations of Charles Hutchinson, to the effect that he held the property in trust for his wife.