Ong
Ong v. Cole
Opinion
lead Opinion
Ellison, J.
The complaint alleges that the plaintiff, D. B. Ong, is the executor of the last will of Minnie R. Ong, deceased, and that the other named plaintiffs are devisees under the will of said deceased. Continuing, it states that said Minnie R. Ong, in her lifetime and at the time of her death, was the owner of a certain described piece of real estate situate in Los Angeles, California; that the defendant Jennie L. Cole now claims title to said real property by reason of a certain deed, which she claims was executed and delivered to her by said Minnie R. Ong in her lifetime. Plaintiffs allege that this deed was never executed as a deed, was without consideration, and was never delivered by Minnie R. Ong to Jennie L. Cole. The prayer of the complaint is that said deed be declared null and void and plaintiffs decreed to be the owners of said property.
[1] The court found that the deed was executed by Minnie R. Ong for a valuable consideration and by her delivered to Jennie L. Cole, and entered judgment for the defendant. Plaintiffs assert that the finding of the court as to the delivery of the deed is not sustained by the evidence.