Earle

Earle v. Bryant

Good Law
12 Cal. App. 553·1910 Cal. App. LEXIS 319·107 P. 1018
Court of Appeal of CaliforniaFebruary 4, 1910Civ. No. 735.California1,019 words

Opinion

Lead Opinion

Taggart, J.

This is an action to quiet title. The case was submitted to the trial court upon an agreed statement of facts. Judgment was rendered in favor of plaintiff based upon full and .complete findings made by the court. Appellants moved for a new trial upon a bill of exceptions, in which the only exceptions, or alleged errors, presented consist of some ten specifications of the insufficiency of the evidence to justify or sustain the findings. The appeal is from an order denying that motion.

Plaintiff claims title to the real estate in dispute as executor of William T. Earle, deceased, to whom it was conveyed for a valuable consideration by Elizabeth E. Bryant, by deed dated November 24, 1886. He entered immediately into possession thereof, improved the property by building--a house and making other improvements, paid all taxes levied and assessed against the property, and his occupation and possession thereof were open, continuous and exclusive, until he died on October 22, 1905. Since that time possession has been held and all taxes thereon paid by plaintiff in the same manner. Defendants’ predecessor in title was William Bryant, who, in his lifetime, was the husband of said Elizabeth…

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