McLennan v. McDonnell

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 claimed that the purchase from Baxter was a joint one, and that plaintiff and Campbell were tenants in common, and that he had subsequently purchased Campbell’s interest. The court found that Campbell had paid $2,637.50 of the purchase-money, and plaintiff the sum of $1,797.50, and that plaintiff held the land under said purchase as trustee for Campbell in the ratio of $2,637.50 to $4,435. Further facts are stated in the opinion.