Clapp

Clapp v. Lorraine

Good Law
1928 Cal. App. LEXIS 767·92 Cal. App. 270·267 P. 911
Court of Appeal of CaliforniaMay 29, 1928Docket No. 3524.California1,574 words

Opinion

Lead Opinion

Finch, J.

The plaintiffs were given judgment, in accordance with the prayer of their complaint, quieting their title to the real property described in the complaint, subject only to a lien in favor of defendant Cynthia B. Clapp for support and maintenance during the remainder of her life and a mortgage lien in her favor securing the payment to her of the plaintiff’s promissory note. Robert M. Clapp and Randall C. Clapp, defendants and cross-complainants, have appealed from the judgment. The plaintiff Ralph B. Clapp, the cross-defendants Archibald W. Clapp and Albert A. Clapp and the appellants are the sons of Cynthia B. Clapp, who is a widow. The property in suit was purchased in the year 1897 with community funds of Cynthia B. Clapp and her husband, the father of the other parties named, and was conveyed to Mrs. Clapp, in whom the record title thereafter stood until February 23, 1923, at which time she conveyed the same to plaintiff Ralph B. Clapp. The husband died in the year 1911. In their answer the appellants alleged that “Cynthia B. Clapp acquired and held title in said real property in trust for her five sons, . . . under the agreement with their deceased father that the title…

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