Harris v. Lee

DORAN, J. The present appeal is from a judgment decreeing that appellant James Minnfield and defendant Ada Lee, also known as Ada Lou Smallon Harris, held certain real and personal property in trust for the plaintiff-respondent Reece Harris, and ordering defendants to convey said property to respondent.

Findings of the trial court were to the effect that prior to September 20, 1950, plaintiff Reece Harris and defendant Ada Harris were married and resided in Chattanooga, Tennessee ; that on or about that date Mrs. Harris, without plaintiff’s knowledge or consent, deserted the plaintiff, taking the sum of $22,500 which was the property of the husband; that thereafter Mrs. Harris and appellant James Minnfield resided in Los Angeles as husband and wife. While in Los Angeles, on or about October 14, 1950, Minnfield and Ada Harris purchased real property for $11,000 cash, taking title in the names of George Lee (Minnfield) and Ada Lee (Harris) as joint tenants. About one week later these defendants bought furniture and furnishings for the house, for the sum of $4,000 cash. Thereafter defendants moved into the house, and made the further purchase of a 1950 Buick automobile for $3,300 cash.

It further appears that on November 18, 1950, plaintiff obtained a final decree of divorce from Ada Harris in Chattanooga, Tennessee, and on December 20, 1950, plaintiff filed complaint in the present action to declare a trust in respect to said property, asking for an accounting, and an injunction against disposing of said property.

The defendant, Ada Harris, filed an answer in propria persona, admitting all the material allegations of the complaint. The defendant, James Minnfield, admitted, by implication, the purchase of the property, and that Ada had $9,950 when leaving Tennessee; alleged further that Minnfield had $8,000 [179]which was used towards the purchase; and otherwise denied plaintiff’s material allegations. Plaintiff, and defendant Minn-field, appeared at the trial by respective counsel, and Ada Harris appeared in propria persona. As hereinbefore indicated, the trial court found in favor of plaintiff, motion for a new trial was denied, and the present appeal followed.

The greater part of appellant’s brief is devoted to a discussion of the contention that “The findings and judgment of the trial court are against the evidence and the law. ’ ’ This . includes a detailed examination of testimony given by certain witnesses, from which it is argued that the plaintiff had failed to sustain the burden of proof in respect to the ownership of the money, any wrongful act depriving plaintiff of said money, and the tracing of such funds to the real and personal property in appellant’s possession.