Haun

This is an appeal by defendants Frank J. and Nellie H. Hyman from a judgment quieting plaintiff Helen G. Haun’s title to a 4-acre parcel of land and awarding her compensatory and punitive damages for trespass upon said property.

Ralph W. Todd, the father of Helen G. Haun, was formerly the owner of the real property which is the subject of this litigation. After his death, his administratrix conveyed certain real property to the Hymans and some people named Penitenti, whose interest was subsequently acquired by the Hymans. The remainder of the Todd property was distributed to certain heirs of the decedent, including Helen G. Haun. She subsequently acquired the interest of the other distributees (see facts set forth in Hyman v. Haun (1961) 191 Cal.App.2d 891, 892-894 [ 13 Cal.Rptr. 87 ]).

Prior to the present action, the Hymans brought a quiet title suit against Helen G. Haun. The basic issue in that action was whether the deed from the administratrix of the Todd estate to the Hymans and the Penitentis conveyed 1-1 acres, as the Hymans contended, or merely 10 acres, as Helen G. Haun contended. This dispute arose as the result of certain ambiguities in the deed, whereby the…