Clavey
Clavey v. Loney
Opinion
Lead Opinion
Thompson, J.
This is an appeal from a judgment in favor of plaintiff quieting title to real property situated in Tuolumne County. The complaint is in the usual form. The appellant contends that the findings are irreconcilable, and that the judgment should, therefore, be reversed. The evidence adduced at the trial is not before this court.
The trial court found the following facts: That Jerome Loney was the owner of 160 acres of land, situated in Tuolumne County, at the time of his death; that he died June 4, 1897, without issue, but leaving surviving him, as his heirs at law, a mother and father, named respectively, Catherine and James. October 30, 1897, Catherine was appointed and qualified as administratrix of the estate of her son, Jerome. May 9, 1904, James, the father, died intestate, possessed of an undistributed one-half interest in this ranch, and leaving surviving him his wife, Catherine, and several children. His estate was never administered. Subsequently, in the estate of Jerome, the son, the entire interest in the ranch was distributed April 1, 1907, by mistake, to Catherine, the mother. January 31, 1910, she conveyed the entire interest in this ranch to Julius, one of their…