Laughton

Laughton v. McDonald

Good Law
1923 Cal. App. LEXIS 608·61 Cal. App. 678·215 P. 707
Court of Appeal of CaliforniaApril 16, 1923Civ. No. 2601.California1,733 words

Opinion

lead Opinion

Burnett, J.

The complaint is in the usual form of an action in ejectment and the prayer is:

“1. For the recovery of the possession of the demanded premises and for the sum of $100 damages for withholding the possession thereof.

“2. For the sum of $50, value of said rents, issues and profits, and costs of suit.”

The defendants denied the material allegations of the complaint except admitting that they were in possession of the land in controversy, and as a separate defense and by way of cross-complaint they alleged:

“On or about the first day of January, 1900, one Katherine McIntyre was the owner in the possession, and entitled to the possession, of the lands in plaintiff’s complaint herein described; and on or about the said date she did for the price or consideration of Ten Dollars per acre by a verbal agreement then and there made between her and cross-complainants grant, sell and transfer the West twenty-five (25) acres of the southwest quarter of the northwest quarter of Section 27, Township 17, North Range Five East M. D. M., situate and being in the County of Tuba, State of California, to-wit: The west Twenty-five acres of the lands in said complaint described.

"The said…

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