Porter

California Public Improvement Securities, Inc. v. Porter

Good Law
121 Cal. App. 670·1932 Cal. App. LEXIS 1231·9 P.2d 877
Court of Appeal of CaliforniaMarch 17, 1932Docket No. 537.California942 words

Opinion

Lead Opinion

Lambert, J.

Plaintiff and appellant brought an action against Henry Porter and Louis Graham, the executors of the estate of Bettie Johnson, deceased; to quiet title to certain real property situated in the city of Los Angeles, California. Henry Porter died pending the trial, and Louis Graham is the surviving executor and respondent herein.

The amended complaint was in the usual form of such action. The answer in substahce denied the claim of appellant and alleged defendants to be the owners in fee, and asked that title be quieted in defendants. The court made findings of fact and conclusions of law and granted judgment quieting the title of the defendants as executors of the estate of Bettie Johnson, deceased. The appellant made a motion under section 663 of the Code of Civil Procedure to have this judgment vacated and judgment entered in favor of plaintiff and appellant. This motion was denied, but the court did order the judgment vacated, and entered another judgment on the same findings and conclusions quieting title in defendants. The last judgment entered changed the wording of the former judgment, the former judgment having read that the title was quieted in the estate of Bettie…

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