Faria

Faria v. Bettencourt

Good Law
100 Cal. App. 49·1929 Cal. App. LEXIS 354·279 P. 679
Court of Appeal of CaliforniaJuly 18, 1929Docket No. 6809.California976 words

Opinion

Lead Opinion

Nourse, J.

Plaintiff sued to quiet title to real property situated in Alameda County and to require the defendant Bettencourt to execute a deed of conveyance in accordance with an oral agreement so to do. The trial court found for the plaintiff and entered judgment as prayed in the amended complaint. The defendants appeal on typewritten transcripts.

In the month of May, 1911, the plaintiff became engaged to Adeline Bettencourt, the daughter of the defendant Manuel. In consideration for the promise to marry the daughter, to build a home upon the lands described, and to live upon and improve the same, the defendant Manuel promised to convey said lands to the plaintiff. A tract of land, .266 acres in extent, and of about $250 in value, was measured off and marked by this defendant by a substantial fence and the plaintiff erected on the premises a home at a cost of $3,000 and expended $125 in other improvements. Thereafter the plaintiff and Adeline were married (January 31, 1912) and continued in such relation until November 30, 1927, when a final decree of divorce was entered. The other defendants, Harold and Philip Faria, are the issue of this marriage. The plaintiff and his wife moved into…

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