Durst

Durst v. Jolly

Good Law
1917 Cal. App. LEXIS 360·35 Cal. App. 184·169 P. 449
Court of Appeal of CaliforniaOctober 31, 1917Civ. No. 1730.California3,909 words

Opinion

lead Opinion

Hart, J.

The complaint was filed in January, 1915, and is in the usual form of an action to quiet title, the lands involved being ranch property in the counties of Yuba and Placer.

The defendants, A. Jolly, Raphael Jolly, and Mrs. Minnie Jolly, filed an answer in which they admitted that plaintiffs were the owners of the lands in question but denied that they (plaintiffs) were entitled to the possession thereof. Defendants A. Jolly and Raphael Jolly admitted “that they assert a claim and interest in and to said lands, and to the possession thereof, . . . but they deny that Mrs. Minnie Jolly . . . has or claims any interest whatever in or to said described lands, except as residing thereon with her husband, A. Jolly.”

By way of cross-complaint, the defendants, A. Jolly and . Raphael Jolly, alleged: “That, on and prior to about the first day of September, 1913, the said defendants were and had been residing upon and cultivating and farming and raising hops on and under a lease from year to year for the plaintiffs a large portion .of the lands described in the complaint; that, on or about said first day of September, 1913, the plaintiffs were desirous of leasing to these two defendants the…

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