Harker
Harker v. Rickershauser
Opinion
Lead Opinion
Tuttle, J.
This is an action brought to recover possession of 350 acres of land in Yolo County. The complaint alleges that plaintiff is now and ever since the seventh day of February, 1922', has been the owner thereof; that defendants, on or about the eighth day of May, 1923, entered into said land and ousted plaintiff therefrom and that defendants now wrongfully withhold possession of said premises. Judgment for possession is prayed for. The answer denies the. ownership by plaintiff. As a further defense, defendants set up the execution of a certain deed of trust by plaintiff, covering said property; that a default occurred on behalf of plaintiff in the performance of certain conditions therein; that a sale of said property under said trust deed was had, and that defendant F. J. Rickershauser purchased the same and that he is now the owner thereof.
The trial court found that said trust deed was null and void, and judgment was entered for plaintiff, decreeing her to be the owner of said property and that she recover possession thereof. From this judgment defendants appeal.
It appears from the record that in the month of January, 1922, plaintiff was the owner of certain real property in Los…