Funkenstein

Funkenstein v. Superior Court

Good Law
1914 Cal. App. LEXIS 313·23 Cal. App. 663·139 P. 101
Court of Appeal of CaliforniaJanuary 7, 1914Civ. No. 1452.California1,382 words

Opinion

Lead Opinion

The case of Arturo Wolf and Marie Julia Wolf versus Charles Funkenstein Gall, Rebecca Funkengtein Gall, Edward Funkenstein, and Sarah Funkenstein, pending in the superior court of the city and county of San Francisco, state of California, is in form an action to quiet title to certain interests in real property in said city, of which it is averred in the complaint that one Tobe Funkenstein died seized on June 28,1913, leaving the parties to said action as her heirs at law, and as such entitled In their respective undivided interests in said property. The defendants deny that the plaintiffs have any interest in said real estate, and assert two sources of title in themselves, viz: 1. A deed of gift from said Tobe Funkenstein to said defendants dated December 21, 1907; and 2. Title by adverse possession. The case being at issue upon these averments of the respective parties, and about to go to trial, the plaintiffs moved the trial court for an order directing the defendant Edward Funkenstein, who is also the agent of the other defendants in respect to said property, to give to plaintiffs an inspection of certain books, papers, and documents referred to in the affidavit of their…

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