Boyer

Boyer v. Crichton

Good Law
100 Cal. App. 24·1929 Cal. App. LEXIS 359·279 P. 677
Court of Appeal of CaliforniaJuly 16, 1929Docket No. 6766.California829 words

Opinion

Lead Opinion

An appeal from a judgment dismissing the above action for want of prosecution.

The action was one to quiet the title to certain real property situated in San Francisco, the complaint (which was filed on June 17, 1919) alleging title in the plaintiff with the right to possession. The original defendants were Louisa and William Crichton, who, on September 3, 1919, filed an answer to the complaint, denying plaintiff’s alleged title and right to possession, and averring title in themselves by virtue of a tax deed and that they were in possession of the property. To this answer the plaintiff filed a general demurrer, following which, on February 3, 1922, the court made the following order: “It is ordered demurrer to answer be sustained; defendants granted permission to file amendment to answer setting up items of reimbursement.” Thereafter, on March 24, 1922, Louisa Crichton again answered, setting forth substantially the same denials and allegations as were contained in her original answer, and additional allegations as to the amounts paid to the tax collector of the city and county of San Francisco as the purchase price of the property and the amount subsequently disbursed in…

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