Dingwell

Dingwell v. Seymour

Good Law
1928 Cal. App. LEXIS 968·91 Cal. App. 483·267 P. 327
Court of Appeal of CaliforniaMay 2, 1928Docket No. 6140.California3,570 words

Opinion

Lead Opinion

Welch, J.

This action was commenced by Millicent H. Olmsted in her lifetime to quiet her title against appellants and a number of other co-defendants who have disclaimed any interest herein. The attorney-general of the state was made a defendant who, although served with summons, did not appear. The complaint is in the usual form of actions to quiet title to real estate. The complaint simply alleged that plaintiff is the owner and entitled to the property described in the complaint and that the claim of defendants is without any right whatever and that they have no right, title, or interest in either the real or personal property described in the complaint. The properties described in the complaint are situate in Los Angeles County.

The complaint was filed August 3, 1923. Plaintiff died on October 15, 1923, and Robert M. Clarke, special administrator, was substituted as plaintiff for deceased. There is a statement in the brief of respondent that since the taking of the appeal Earl C. Dingwell and Henry K. Elder have superseded the special administrator as executors.

Appellants, who are trustees named in certain deeds hereinafter described, answered the complaint and deny that plaintiff is…

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