More v. More

133 Cal. 489 ·

Supreme Court of California · Filed

Published · citable Cited by 1

Holding

The court held that a court of equity retains the power to impose a constructive trust and order reconveyance of fraudulently obtained property interests, even absent a formal offer to rescind, when such failure is attributable to the defendant's own conduct and the plaintiff's impaired condition, and that a probate court's decree of distribution under Code of Civil Procedure section 1664 does not have res judicata effect on underlying equitable claims of fraud and trust.

Cited by (1)

Source: cap_files. Verify against the official reporter before relying on this text.