Dockstader

Dockstader v. First Nat. Bank of Lemoore

Good Law
104 Cal. App. 169·1930 Cal. App. LEXIS 1060·285 P. 715
Court of Appeal of CaliforniaFebruary 19, 1930Docket No. 202.California3,302 words

Opinion

Lead Opinion

Sloane, J.

This appeal involves title to two parcels of land in Kings County which may be sufficiently referred to for purposes of this opinion respectively as the “McBee Ranch” and the “Lemoore property.”

For an understanding of the case the following preliminary facts may be stated: While both parcels of land stood of record in the name of the defendant J. W. Dockstader, he obtained loans of money aggregating the sum of $11,800 on credit of the reputed ownership • of said real property, from the defendant and cross-complainant, the First National Bank of Lemoore, a national banking corporation.

The bank afterward brought suit to recover on this loan and procured an attachment lien thereon, subsequently merged into a judgment lien. The plaintiff Lou E. Doekstader, wife of defendant J. W. Dockstader, claiming ownership of both parcels of real property, thereafter commenced the present action to quiet title against her husband and the bank.

The husband disclaimed and the bank by answer denied plaintiff’s title and alleged by way of cross-complaint that plaintiff’s claim of ownership was based upon two separate deeds from her said husband executed in fraud of the latter’s creditors,…

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