Sylvester
Sylvester v. Sellers
Opinion
Lead Opinion
Sturtevant, J.
The plaintiff commenced an action against the defendants to recover a, judgment quieting title to a house and lot in Los Angeles County. The defendants answered and a trial was had before the trial court sitting without a jury. The trial court made findings in favor of the plaintiff and from a judgment entered thereon the defendants have appealed and have brought up typewritten records.
The plaintiff and Alice Sylvester, now deceased, were husband and wife. The defendants are respectively their daughter and their son. On August 2, 1912, Mr. and Mrs. Sylvester purchased a house and lot from Ruth P. Williams. At the time the purchase was made the plaintiff possessed a small amount of money which was his separate property. They used that money in making the down payment. The husband was employed as a mechanic and his wages were used to make the deferred payments. After the property was purchased a small store was installed on the property and during the daytime the store was attended by Mrs. Sylvester and when the husband was at home he assisted in attending to the store. The profits of the store also went into the payments made on the house and lot. All payments had been made as…