Smyth
Smyth v. Fitch
Opinion
Lead Opinion
Burnett, J.
The action was in the usual form to quiet title to certain real property in the county of El Dorado. The appellants herein became parties by a complaint in intervention in which they alleged failure of consideration, fraud, and undue influence on the part of plaintiff in Obtaining the deed which she claims, and upon the issues thus raised a trial was had and the findings and judgment were in favor of plaintiff. The appeal was taken under the alternative method, but appellants have not presented in their brief any of the evidence upon which they relied or to which they desired to direct the attention of this court, as required by section 953c of the Code of Civil Procedure. Nevertheless, we have examined the record and are satisfied that, contrary to the contention of appellants, the findings are amply supported and that we would not be justified in disturbing the conclusion of the lower court. We may state the salient facts as follows: Emily Charles, a widow, and mother of eight children, among whom were the plaintiff and the interveners herein, was for many years prior to her death in 1916 the owner of a 160-acre farm in said county. On February 24, 1908, she was declared to be…