Davis

Davis v. Schneider

Good Law
1928 Cal. App. LEXIS 952·91 Cal. App. 631·267 P. 352
Court of Appeal of CaliforniaMay 7, 1928Docket No. 5814.California1,599 words

Opinion

Lead Opinion

Wood, J.

Plaintiff on September 21, 1923, filed a complaint in the usual form seeking to quiet title to an undivided one-half interest in a parcel of real estate. Defendants, in addition to denying plaintiff’s allegations of ownership, set up the defenses of laches, estoppel, and the statute of limitations. Thé findings of the trial court were favorable to defendants on all of these issues and judgment was accordingly rendered, from which plaintiff prosecutes this appeal.

Nearly all of the essential facts are covered in the following stipulation presented by the parties: “(1) That upon the first day of August, 1913, title to the real property involved in this action was in Charlotte Stuckey, and Albert F. Stuckey, and that on said date they deeded the same to James Kinley and Anna Newheuser, by a grant deed which was recorded August 7th, 1913, in Book 5563, of Deeds, Records of Los Angeles County, California. (2) That the purchase price of said property was paid share and share alike by the said James Kinley, and Anna Newheuser out of their own separate funds. (3) That subsequently, to wit on the- day of August, 1913, the said James Kinley, and Anna Newhauser intermarried, and immediately…

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