Warden

Warden v. Barnes

Good Law
111 Cal. App. 287·1931 Cal. App. LEXIS 1216·295 P. 569
Court of Appeal of CaliforniaJanuary 22, 1931Docket No. 4237.California1,605 words

Opinion

Lead Opinion

This action was begun by the plaintiffs to quiet title to lot 115, Mortimer’s East Hollywood View Tract, as per map recorded in book 8, page 27, records of Los Angeles County. The defendants had judgment and the plaintiff Grace P. Warden appeals.

The defendants Barnes interposed. denials to the respective allegations of the plaintiffs’ complaint, and in their answer, by way of further defense, alleged their ownership of the premises involved, and prayed for affirmative relief, to wit, that their title be quieted against all the demands of the plaintiffs.

The defendants Brooks denied the allegations of the plaintiffs’ complaint, and among other things, set up the existence of a mortgage on the premises involved in the sum of $6,000, and prayed that the plaintiffs take nothing as against them.

The record shows that the cause of action was based upon a failure to pay installments of principal in the sum of $6.08 due on a street improvement bond. The plaintiffs introduced a deed to the premises involved, executed by the city treasurer of the city of Los Angeles to Grace P. Warden, and then rested. The defendants then introduced in the first place sufficient evidence to warrant a…

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