Brode

Brode v. Gosslin

Good Law
16 Cal. App. 632·1911 Cal. App. LEXIS 257·117 P. 778
Court of Appeal of CaliforniaJuly 21, 1911Civ. No. 977.California456 words

Opinion

Lead Opinion

Shaw, J.

Action to quiet title to real estate. In addition to the usual allegations in such eases, the complaint alleged that defendants Gosslin and wife theretofore signed and acknowledged an instrument purporting to convey to the United States of America the lands described in the complaint, which instrument was recorded in the office of the recorder of deeds of Los Angeles county; that the Hnited States of America did not accept the delivery of the purported conveyance so alleged to have been made to it by said instrument, by reason whereof it was of no force or effect as a conveyance. The prayer of the complaint was for a judgment and decree canceling the purported conveyance and quieting plaintiffs’ title. The defendant appealing, by his answer, denied the want of delivery to and acceptance by the government of said purported deed; denied that plaintiffs were the owners of the real estate described in the complaint, and alleged that he was in possession of the same under and by virtue of an agreement made between him and the government of the United States. All the issues were found in favor of plaintiffs, upon which judgment was entered as prayed for.

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