Curran

Curran v. Pecho Ranch & Stock Co.

Good Law
1928 Cal. App. LEXIS 563·95 Cal. App. 555·273 P. 126
Court of Appeal of CaliforniaDecember 18, 1928Docket No. 5982.California2,821 words

Opinion

Lead Opinion

Nourse, J.

This is an action for partition of a ranch of about nine thousand acres in San Luis Obispo County. Plaintiff, Ramona Frances Curran, claiming to own an equitable estate in fee simple in one-quarter of said ranch, filed her complaint against the present owners of the legal title thereof, Pecho Ranch and Stock Company and Luigi Marre Land and Cattle Company, and also against certain mortgagees and trustees under a deed of trust, but as to said mortgagees and trustees the action was dismissed on stipulation. Plaintiff alleged that the defendants Maria Ygnacia Roberson, Frederick Wilson Hillard and Adelaida Hillard were equitable co-owners with her of said ranch. The latter three equitable co-owners came in by cross-complaint, asserting their equitable title in fee simple to three-quarters of the land-, involved, admitting that one-quarter of the same belonged to the plaintiff and denying that the other defendants, respondents herein, had any right, title, or interest except a present possession and a bare legal title subject to the beneficial interests of plaintiff and of themselves.

The action was tried upon the complaint and cross-complaint and upon the respective answers of…

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