Lyon
Lyon v. Lyon
Opinion
lead Opinion
Finch, J.
The complaint in this action is in the ordinary form in a suit to quiet title. The defendants were given judgment and the plaintiff appeals. The plaintiff and the defendant Ida B. Lyon are and at all times mentioned herein were husband and wife. During the same time J. R. Broughton was president of the defendant bank.-
The property in dispute is block 31 of “what is known as Maze Addition to the City of Modesto.” The answer of defendants Geo. Cressey, J. J. McMahon and The Modesto Bank denies the plaintiff’s title and alleges that on the eighth day of November, 1897, the land was conveyed to defendant Ida B. Lyon as her separate property; that on the tenth day of February, 1913, the plaintiff executed and delivered to Ida B. Lyon a conveyance of the land; that on the twenty-eighth day of October, 1916, he conveyed to Ida B. Lyon, by quitclaim deed, all of his interest in the land; that on the twelfth day of January, 1921, Ida B. Lyon executed and delivered to “Geo A. Cressey and J. J. McMahon, as parties of the second part, and The Modesto Bank, a corporation, party of the third part,” her deed of trust conveying the land to secure an indebtedness to the bank of $3,227.60,…