Wills

Wills v. E. K. Wood Lumber & Mill Co.

Good Law
1915 Cal. App. LEXIS 27·29 Cal. App. 97·154 P. 613
Court of Appeal of CaliforniaDecember 2, 1915Civ. No. 1431.California5,612 words

Opinion

lead Opinion

Chipman, J.

Plaintiff commenced the action to quiet her title to a certain lot situated in San Anselmo, Marin County, as against the claims which, it is alleged, defendant makes to the property.

Defendant answered, denying plaintiff’s ownership and denying that defendant’s claim to the property is without right. Further answering, alleges: That defendant is the owner and entitled to possession of the property; that, on October 8, 1906, and long prior thereto, plaintiff and one Hamilton Wills were, and ever since have been and now are, husband and wife, and on said day said Hamilton Wills was the owner seized in fee and in possession of the whole of said real property; that oh said day he was indebted to defendant in'the sum of $4,432.72 for goods, wares, and merchandise theretofore sold and delivered by defendant to Hamilton Wills, and in addition to said indebtedness the said Hamilton Wills was also indebted to divers other persons in large sums of money, the amount of which defendant is unable to state; that on said date and for a long time prior thereto the said Hamilton Wills was unable to pay his debts in full from his own means as the same became due in the ordinary course of business,…

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