Schaefer

Schaefer v. Dinwiddie

Good Law
1919 Cal. App. LEXIS 613·44 Cal. App. 405·186 P. 617
Court of Appeal of CaliforniaNovember 22, 1919Civ. No. 3047.California1,746 words

Opinion

Lead Opinion

Sloane, J.

This action was originally brought by G. A. Schaefer, the plaintiff, to quiet title to a five-acre tract of land in Riverside County against Anna M. Johnson and a number of other defendants. Judgment was taken by default against all defendants. Anna M. Johnson, having been served by publication, within a year moved to vacate the default and judgment, which motion was granted. She answered, and also filed a cross-complaint, claiming title to the land and naming the plaintiff, G. A. Schaefer, and one Grace B. Talbot (who was not made a party by the original complaint), as cross-defendants, and asking to have cross-complainant’s title quieted against these defendants. Cross-defendant G. A. Schaefer answered the cross-complaint, but no proof of service of the cross-complaint upon, or of any appearance, answer, or other pleading on the part of cross-defendant Grace B. Talbot appears in the judgment-roll or transcript of the record. She, however, appeared on the trial, with counsel, and evidence was introduced in her behalf. Judgment was against the plaintiff, as well as the cross-complainant, and in favor of cross-defendant Grace B. Talbot, adjudging her to be the owner and in the…

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