Lopes

Lopes v. Bruns

Good Law
1928 Cal. App. LEXIS 879·92 Cal. App. 691·268 P. 928
Court of Appeal of CaliforniaJune 22, 1928Docket No. 6297.California910 words

Opinion

Lead Opinion

Nourse, J.

Plaintiff sued to quiet title to real property situated in Alameda County. Defendant Bruns filed an answer and cross-complaint charging that defendant Frank Lopes conveyed the property to plaintiff for the purpose of defrauding defendant Bruns who was a creditor of the two defendants, Frank and Marie Lopes. The last-named defendant filed an answer alleging that she was granted an interlocutory decree of divorce from her co-defendant, Frank Lopes, prior to this transfer to plaintiff, and that by the terms of this decree she was awarded an undivided two-thirds interest in the property in suit, and that the husband was awarded an undivided one-third interest therein. Trial was had before the court sitting without a jury and resulted in findings and a decree awarding plaintiff an undivided one-third of the real property in suit, awarding defendant Marie Lopes an undivided two-thirds thereof, and adjudging that the respective interests of both of these parties were subject to a judgment lien of the defendant Bruns in the sum of $976.15. Prom this judgment the-plaintiff has appealed on a typewritten transcript.

The appellant advances three grounds for a reversal of the judgment which…

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