William W. Karvonen v. John Dyer

Good Law
261 F.2d 671·1958 U.S. App. LEXIS 3317
United States Court of Appeals for the Ninth CircuitAugust 11, 195815534California1,235 words

Opinion

Opinion

Fee, J.

This is an action to quiet title and for recovery of real property, which Karvonen claims to own by adverse possession but record title to which is vested in Dyer. A complaint was filed consisting of two causes of action. The answer contained denials, an affirmative defense and a counterclaim.

The case was tried to the judge sitting with a jury. At the close of the evidence presented by Karvonen, the judge directed a verdict for Dyer on the two causes of action in the complaint and for Karvonen on the counterclaim.

The genesis of the controversy can be shortly stated. The area embraced by Lots Fourteen and Fifteen was all in ownership of John Wik after August 11, 1945 until the first sale set out below. While in common ownership, there were some structures and part of the main residence which were on Lot Fifteen as presently described, although the main portion of the dwelling house was on Lot Fourteen.

John Wik conveyed Lot Fourteen to Gordon L. May on December 17, 1945, by warranty deed. At the time May took title by deed to Lot Fourteen, he not only took possession of the lot so described, but also of the house thereon, which encroached upon Lot Fifteen, and other buildings…

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