Marsh

Marsh v. Smith

Good Law
1920 Cal. App. LEXIS 727·46 Cal. App. 692·189 P. 1037
Court of Appeal of CaliforniaMarch 25, 1920Civ. No. 3142.California2,949 words

Opinion

Lead Opinion

Thomas, J.

This is an action brought to quiet title, and for an injunction to restrain defendants from interfering with plaintiff’s possession of the property in question, and the defendant Carrie F. Holder Smith from conveying or encumbrancing the title thereto, with a further prayer “that it be adjudged and decreed that if said defendant Carrie F. Holder Smith has any title in said property, the said title is that of a trust only for the benefit of said plaintiff,” as well as for general relief.

The defendants appeared separately. For our present purposes it will suffice to say that each of them, except as to certain formal averments, denied the material allegations of the complaint. The defendant Carrie F. Holder Smith set up, as a further defense, a certain deed alleged to have been executed and delivered to her by the plaintiff, and in consideration therefor the expenditure by said last-named defendant of the sum of one thousand one hundred dollars to satisfy a certain mortgage, and an agreement on her part to advance such other and further sums as might be necessary for the continued maintenance, support, and living of the plaintiff, with the additional proviso that she, plaintiff,…

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