Orella v. Johnson

242 P.2d 5 (1952)

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Nature of the Case

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Facts

In 1933 P borrowed $1,000 from D, his stepdaughter, to pay off a mortgage on his home. In 1938 the land was conveyed to D who sold it for $3,900 in 1941 and she retained the $1,400 in payment of the debt and interest, and $1,800 of the remaining $2,500 was used to purchase a new home for P with title taken in D's name. In 1945, the property was sold for $4,500 of which $2,300 was used to buy land in Santa Cruz also in D's name. After his wife's death, P asked D to convey the land to him. She refused. P sued to impress a constructive trust and to obtain an accounting of the amounts realized on the previous sales under the understanding in 1938 that May would reconvey the land on request. The trial court excluded parol evidence, and a nonsuit was entered. This appeal resulted.