Barrick

Smith v. Barrick

Good Law
1919 Cal. App. LEXIS 334·41 Cal. App. 28·182 P. 56
Court of Appeal of CaliforniaApril 30, 1919Civ. No. 1891.California1,797 words

Opinion

Lead Opinion

Buck, J.

This is an action to quiet title brought by the successor in interest of an heir against the other heirs and the administrator. Plaintiff claims to have acquired ownership by adverse possession and the suit was commenced under the provisions of section 749 of the Code of Civil Procedure. But by the dismissal of the action against all of the defendants except the original heirs and the administrator, the suit has become in fact an action to quiet title. (Faxon v. All Persons, 166 Cal. 707, 712 , [L. R. A. 1916B, 1209, 137 Pac. 919 ].) Judgment was given in favor of plaintiff upon the ground that plaintiff and his predecessors had acquired title by adverse possession against the defendant heirs, and also against the administrator. From' this judgment all of the defendants appeal. The facts upon which the trial court based its findings and decree are substantially as follows: On September 4, 1876, the ancestor from whom all parties deraigned title, Henry Reece, died intestate in the county of Nevada, leaving as his sole heirs his widow, Amanda "Reece, and three children, the'defendants herein, aged respectively twelve, six, and three years, the youngest of whom did not become of age…

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