Lowe

Lowe v. Penn

Good Law
105 Cal. App. 366·1930 Cal. App. LEXIS 790·287 P. 509
Court of Appeal of CaliforniaApril 23, 1930Docket No. 4066.California675 words

Opinion

Lead Opinion

Finch, J.

This is an appeal by the defendant from the judgment entered herein quieting the plaintiffs’ title to a city lot in the city of Los Angeles.

Appellant contends that there are technical defects in the plaintiffs’ chain of title, but it is not necessary to consider them, as the plaintiffs made a sufficient showing of title without the aid of the instruments claimed to be defective. The property was conveyed to the plaintiffs on November 17, 1923. During the following year the plaintiffs leased a part of the lot and the tenant paid them rent therefor. They also leased a part of the property to another tenant and received rent therefor. They exercised other acts of ownership over the lot and paid taxes thereon. It is a disputable presumption “that a person is the owner of property from exercising acts of ownership over it.” (Code Civ. Proc., sec. 1963, subd. 12.) In the absence of any evidence tending to overcome the presumption it is of sufficient weight to warrant a judgment quieting title in favor of the person exercising such acts of ownership. (Pearson v. Hellman Commercial etc. Bank, 199 Cal. 305 [ 249 Pac. 10 ].) There is not the slightest evidence in this case tending to…

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