Syme

Syme v. Warden

Good Law
114 Cal. App. 707·1931 Cal. App. LEXIS 810·300 P. 863
Court of Appeal of CaliforniaJune 10, 1931Docket No. 852.California2,467 words

Opinion

Lead Opinion

Barnard, J.

This is an action to quiet title. The complaint was filed August 29, 1927, and is in the usual form, alleging title in the plaintiff. Grace P. Warden and her husband, C. P. Warden, filed an answer denying the allegations of the complaint as to ownership in the plaintiff, and alleging title in Grace P. Warden. C. M. Peterson filed a separate answer denying the allegations of the complaint as to title in the plaintiff, and alleging title in herself. The plaintiff introduced in evidence a deed to himself, covering the land in question, from Clara Smith as administratrix of the estate of Ada M. Petri, deceased, and reciting a consideration of $2,000. This deed was dated July 20, 1927, and was recorded on October 8, 1927. The plaintiff also introduced in evidence the return of sale, with various exhibits, and the order confirming the sale in the proceedings in the estate of Ada M. Petri, upon which the administratrix’s deed was based. It appears from these documents that Ada M. Petri died intestate on July 6, 1913, leaving as a part of her estate the property here in question. The plaintiff also introduced in evidence a lease of the property from himself to one Edward A. Delight, dated…

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