Webster v. King

Citations

• 33 Cal. 348

Syllabus

<p>When One will be declared Trustee of Another.—If one who is in possession of land, claiming to own it, finds that the conveyance of his grantor is defective, and to cure the defect, hands a quitclaim of his grantor, with an abstract of title, to an attorney and searcher of titles, and requests them to procure h’is grantor to execute the deed, and they undertake to do so, but instead thereof induce the former grantor to deed to one of them, who then deeds an undivided half to the other, they will become the trustees of their employer, and will be compelled to execute a conveyance to him.</p> <p>How Relation of Trustee Established.—If one is employed by another to assist him in obtaining a conveyance of property, and trust and confidence are reposed in him to enable him to aid his employer in the business, and he violates the confidence and obtains a conveyance of the property to himself, he will be held to be the trustee of his employer, and will be compelled to convey to him.</p> <p>Judgment not Technically Correct.—If a judgment is just in the main, it will not be reversed because matters are inserted in it which are not technically correct, but do not affect the merits of the case.</p>