Hunt

Hunt v. Barker

Good Law
1915 Cal. App. LEXIS 139·27 Cal. App. 776·151 P. 165
Court of Appeal of CaliforniaJune 25, 1915Civ. No. 1561.California2,312 words

Opinion

Lead Opinion

Shaw, J.

This is an action to quiet title, the complaint being in the usual form, alleging title in fee vested in plain tiffs and the assertion by defendants of an adverse invalid claim to an interest in the property.

Judgment went for plaintiffs, from which, and an order denying their motion for a new trial, defendants appeal.

The land, situated in the city of Santa Barbara, is a triangular-shaped parcel described in the complaint as follows:

The claim of both parties is based upon deeds executed by said city of Santa Barbara, the admitted common source of title. It appears that on June 30, 1884, the city, by a quitclaim deed, conveyed to J. W. Kezer the parcel of land described in the complaint, and it is conceded that whatever title Kezer acquired by this_ conveyance is now vested in defendants. Notwithstanding this fact, the court found that plaintiffs were the owners of title in fee simple of the land described in the complaint, and that defendant’s claim thereto was without any right whatever. The finding is based upon the theory that the parcel of land was embraced within a larger tract of land which the city of Santa Barbara, by quitclaim deed dated June 27, 1867, conveyed to…

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