Goodwin

President & Presiding Elder of Southern California Conference of Seventh Day Adventists v. Goodwin

Good Law
119 Cal. App. 37·1931 Cal. App. LEXIS 123·5 P.2d 973
Court of Appeal of CaliforniaDecember 5, 1931Docket No. 8064.California638 words

Opinion

Lead Opinion

Sturteyant, J.

The plaintiff has appealed from the

judgment in favor of the defendants in an action to quiet title. All parties claimed title under instruments executed by a common grantor, Amelia J. Fliedner. On opening its ease the plaintiff introduced a deed dated July 5, 1923, and recorded April 26, 1928. Out of order, but by consent, at the same time the defendants introduced a deed dated April 5, 1928, and recorded April 6, 1928. They also introduced a quitclaim deed from Goodwin and Poxe to the defendant Bellefontaine. That deed was dated August 23', 1928. The plaintiff then called S. Donaldson, secretary of the plaintiff corporation. By that witness the plaintiff sought to prove title by adverse possession. The defendants claimed that the plaintiff should be confined to a record title and made their objections accordingly and the objections were sustained All of those rulings were erroneous. (McCormack v. Silsby, 82 Cal. 72 [ 22 Pac. 874 ] 22 Cal. Jur. 109.) The plaintiff then made an offer to prove that it had been in possession and paid the taxes. The objection of the defendants to that offer was sustained. That ruling was erroneous for the reasons just stated and also because it…

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