Duncan

Duncan v. Wolfer

Good Law
1922 Cal. App. LEXIS 40·60 Cal. App. 120·212 P. 390
Court of Appeal of CaliforniaDecember 11, 1922Civ. No. 3966.California1,171 words

Opinion

Lead Opinion

Conrey, J.

Plaintiff brought this action to quiet title to a parcel of land in the city of Los Angeles. Defendants, by their answer, disputed the plaintiff’s title. In addition thereto, certain claims of title were asserted by the defendants. The court entered judgment determining that the defendant Title Insurance and Trust Company is the legal owner of said real property as trustee under a certain trust deed given to secure an indebtedness in favor of the defendant Vogel; that the defendant Albert B. Jones is the owner of the property, subject to said trust deed and subject to a described lease in favor of the defendant Frank Fisher. The plaintiff appeals from the judgment.

It is agreed that on June 12, 1911, William Wolfer was the owner of said real property. On that day Wolfer and his wife executed a deed of trust granting the property to Title Insurance and Trust Company as security for the payment of a promissory note of the same date, due three years after date, executed by the grantors to J. L. Hancock, in the principal sum of $15,500. It was stated in this deed that in consideration of said indebtedness and for the purpose of securing payment thereof,, the grantors did thereby…

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