Doran v. Doran

Belcher, C. On the thirtieth day of June, 1887, John Doran was the owner of a certain lot of laud in the city of San Francisco, and of seven hundred and seventy dollars, money on deposit to his credit in the Hibernia Savings and Loan Society of San Francisco. On that day he executed to the defendant, James Doran, a deed of the lot and an assignment in writing of the pass-book showing the amount to his credit in the said bank. John and James were brothers, and the sons of the plaintiff.

The plaintiff seeks by this action to have a trust declared in her favor as to the real and personal property so transferred.

The complaint alleges in substance that John was moved and induced to convey the said lot and assign the said bank account to the defendant solely by reason of the confidence he had in defendant, and because of the promise defendant then made to reconvey the lot upon request to his grantor, and to hold for his use the money, and the further promise in the event of John’s death to convey the lot to plaintiff, and to pay to her so much of the said money as might remain in his, defendant’s, hands; that John died on the fifth day of July, 1887, before any reconveyance of the land had been made, and leaving intact in defendant’s hands the whole sum of money transferred to him; and that plaintiff had demanded of defendant that he convey to her the said laud and pay to her the said money; but he refused and still refuses to do so, except that he had paid to her one hundred dollars of the money. Wherefore judgment is asked, “ that he, defendant, be declared a trustee for plaintiff of said land, and for a conveyance thereof to her; that he, defendant, be declared a trustee for plaintiff in the sum of six hundred and seventy dollars, and that he be directed to pay [313]such sum to her, together with the interest found due, and for costs of suit.”

The answer to the complaint was a general denial.

The case was tried by the court, and the findings were in effect that the said conveyance and assignment were absolute and were not made by reason of any confidence John had in defendant, nor upon any promise of defendant to reconvey the lot to John or to hold the money for his use, nor upon any promise in the event of John’s death to convey the lot or pay-over any part of the money to the plaintiff. Judgment was accordingly entered that plaintiff take nothing by the action, and that defendant recover from her his costs and disbursements therein. From this judgment and an order denying her motion for new trial, the plaintiff appeals.