Wilhelm

Wilhelm v. Robertson

Good Law
1918 Cal. App. LEXIS 225·38 Cal. App. 219·175 P. 919
Court of Appeal of CaliforniaSeptember 19, 1918Civ. No. 2402.California1,071 words

Opinion

Lead Opinion

Lennon, J.

This is an action to quiet title to a certain parcel of land situated in the county of Marin.

The record discloses the following facts: On June 14, 1904, plaintiff purchased from the Tamalpais Land and Water Company a certain lot of land which is the subject of this controversy. On the twenty-fifth day of February, 1915, he executed a deed of trust, conveying the same to A- W. Foster, Jr., and M. T. Freitas, as security for the payment of a certain indebtedness referred to in the deed of trust.' In this conveyance the plaintiff used precisely the same description as that contained in the deed under which he acquired the property. Having failed to pay his indebtedness, one of the trustees, under the power conferred in the trust deed, sold the property in question to defendant May J. Robertson. Thereafter the plaintiff brought this action to quiet title to the property. Judgment went for defendants, and plaintiff appeals.

As ground for reversal it is the claim of plaintiff that certain deeds offered in evidence to defeat his title were inadmissible for that purpose, for the reason that the description of the property therein recited was ambiguous, and should not have been…

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