Brown
Brown v. Canty
Opinion
lead Opinion
Ellison, J.
Plaintiff brought this action to quiet her title to a quarter-section of land in Fresno County. Her complaint alleged facts showing the legal title to the land to be in her. The defendant, for answer, denied plaintiff’s title. He then alleged a certain contract entered into 'between him and certain ether parties, viz., J. E. Hughes, T. E. Braly, and W. J. Hotchkiss, the result of which was that Hotchkiss had purchased the land described in the complaint from the state of California, but had the state make its deed to one Barthold, in trust for said Hotchkiss and this defendant; that plaintiff had full knowledge of defendant’s interest in said land at the time she purchased it from Hotchkiss, to whom Barthold had deeded it. He alleged his interest in the land was an undivided four-tenths, and that notwithstanding plaintiff had knowledge of his claim and interest, she obtained a deed from said Hotchkiss and said Barthold conveying to her said quarter-section of land. Judgment went for the plaintiff and the defendant appeals from the judgment without any hill of exceptions or statement.
The complaint states a cause of action and the findings support the judgment.