Thompson

Thompson v. Mansfield

Good Law
1927 Cal. App. LEXIS 405·84 Cal. App. 560·258 P. 702
Court of Appeal of CaliforniaJuly 26, 1927Docket No. 5206.California1,874 words

Opinion

Lead Opinion

Cashin, J.

An appeal from a judgment in an action to recover the possession of certain real property situated in Los Angeles County.

The plaintiff alleged title with the right to possession and averred that the defendants were wrongfully in possession of the property. These allegations were denied by the defendants, who by their cross-complaint alleged that they were the owners of the property; that a conveyance thereof executed by them to plaintiff’s predecessor in interest and under which plaintiff claimed title was a mortgage to secure the payment of the sum of $3,695.

The court found for the plaintiff and against the aL legations of the answer and cross-complaint, and entered judgment accordingly. The defendants appealed from the judgment and urge as grounds for reversal that the evidence was insufficient to support the findings.

Defendant Soyer is the daughter of the defendant Mansfield and the plaintiff is the son of T. Arthur Thompson.

In March, 1922, the property' was conveyed to the defendants by T. Arthur Thompson in exchange for a parcel of land owned by them. The conveyance was made subject to two encumbrances thereon, namely, a mortgage for $6,500 and a deed of trust to…

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