Natural Resources, Inc. And A. K. Wilson v. William J. Wineberg

This suit was brought by William J. Wineberg against Natural Resources, Inc., A. K. Wilson, its president, (hereinafter referred to as “the defendants”) and several others, to quiet title to real property situated in Humboldt County, California, and to recover dam ages for removing growing timber. Both Wineberg and Resources claimed as vendees under grant deeds executed to them respectively by one O. 0. Barker and wife. The deed to Wineberg antedated those to Resources, but the defendants sought to overcome the effect of this fact by establishing:

The district court found for Wineberg and against the defendants. This appeal is by the defendants from the judgment and the order of the court denying their motion for a new trial.

The defenses, being entirely factual, the trial court’s main and subsidiary findings are conclusive on this appeal, unless we can fairly conclude they are “clearly erroneous” within the well known definition stated in United States v. United States Gypsum Co., 333 U.S. 364, 395 , 68 S.Ct. 525 , 92 L.Ed. 746 (1948). We are firmly convinced that they are not.

The evidence relating to the purported purchase, when carefully analyzed, clearly portrays an…