Stearns

Stearns v. Title Insurance & Trust Co.

Good Law
18 Cal. App. 3d 162·1971 Cal. App. LEXIS 1371·95 Cal. Rptr. 682
Court of Appeal of CaliforniaJune 17, 1971Civ. 10488California2,634 words

Opinion

Opinion

Kaufman, J.

—From an adverse judgment on his cross-complaint against Title Insurance and Trust Company (hereinafter Title Company), defendant Stearns (hereinafter appellant) appeals.

By California Land Title Association Standard Coverage policy number 255385 issued October 11, 1965, Title Company insured appellant’s fee ownership of certain described property in the County of Riverside hereinafter referred to as Lot 11. The description of the property in the policy was derived from a notice to bidders from the State of California, Division of Highways supplied Title Company by appellant.

On or about May 24, 1966, appellant was named as defendant in an action by Corona Foothill Lemon Company (hereinafter Corona) which owned adjoining property hereinafter referred to as Lot 12. Corona’s complaint did not on its face impugn appellant’s title or right to possession of any portion of Lot 11. Rather, it alleged Corona’s ownership of a specified portion of Lot 12 and charged that appellant had encroached thereon commencing on or about January 1, 1962, by constructing a road, fences and certain structures, which trespasses were continuing.

Upon being served with Corona’s complaint,…

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