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.
Statutes construed
- CCP § 1908
- CCP § 580
- CIV § 2219