Diffendorf

Diffendorf v. Pilcher

Good Law
116 Cal. App. 270·1931 Cal. App. LEXIS 303·2 P.2d 430
Court of Appeal of CaliforniaAugust 24, 1931Docket No. 431.California848 words

Opinion

Lead Opinion

Jennings, J.

Plaintiffs instituted the present action alleging in their complaint that they owned and held legal title to a large number of parcels of real property specifically described and that defendants claimed some interest in said property adverse to plaintiffs’ ownership, which claims of interest were alleged to be without legal right, constituting clouds upon the title of plaintiffs. Plaintiffs prayed to have'their title quieted against defendants and that it be decreed that they are the rightful owners of the land. Defendant Murray Innes answered the complaint, admitting that he claimed an interest in the real property described in plaintiffs’ complaint by reason of the execution of a certain agreement between himself and plaintiffs whereby plaintiffs agreed to sell to him the land in question for a certain consideration, alleged that the agreement was in full force and effect and that plaintiffs had failed, neglected and refused to furnish a deed and certificate of title to the property and prayed that the action be dismissed.

The trial of the action resulted in a judgment in favor of plaintiffs quieting the title of plaintiffs to the land described in the complaint. From the…

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