Stromberg

Stromberg v. Tanforan

Good Law
1920 Cal. App. LEXIS 97·50 Cal. App. 1·194 P. 516
Court of Appeal of CaliforniaNovember 13, 1920Civ. No. 3603.California1,797 words

Opinion

Lead Opinion

Richards, J.

This is an appeal from a judgment in favor of' the defendants in an action brought by plaintiff to set aside a deed.

To the plaintiff’s complaint alleging several grounds, to be hereafter referred to, as the basis of her cause of action, the defendants filed an. answer containing specific denials thereof and pleas of the statute of limitations as a bar to said action. They also allege, by way of affirmative defense, a state of facts in support of their plea of res adjudicata. The history of the litigation between the parties as thus shown by their pleadings may be summarized as follows: Prior to the month of February, 1909, the plaintiff, whose name was then Stella Tanforan, and the defendant, Frank Tanforan, were husband and wife. Domestic troubles had arisen between them, which led to an agreement of separation and to the execution of a deed from the wife to her husband, both of which instruments were executed on the eighteenth day of February, 1909. The deed covered certain undivided interests in three parcels of property in Marin County which constituted the separate estate of the wife, and were subject to a life tenancy- of her mother, who was then living, and who died in…

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