Merrill

Merrill v. Hooper

Good Law
125 Cal. App. 80·1932 Cal. App. LEXIS 559·13 P.2d 786
Court of Appeal of CaliforniaJuly 26, 1932Docket No. 8265.California1,148 words

Opinion

lead Opinion

Ogden, J.

This is an appeal from a judgment quieting title to a triangular parcel of real property, improved with a huilding, situated on the northwest corner of Thirty-third and Hooper Avenues in the city of Los Angeles. The complaint is in the usual simple form, alleging ownership in fee in the respondent Lneile A. Merrill as her separate property. The answer denies ownership in respondents and alleges it to be vested in appellant. By way of affirmative defense the latter alleges therein that she has been in the adverse possession of the premises, under claim of title, for more than the five-year statutory period prior to the commencement of the action and that respondents’ cause of action, if any there were, was barred by the provisions of sections 318, 319 and 322 of the Code of Civil Procedure. A cross-complaint containing corresponding allegations was also- filed by appellant. The answer to the cross-complaint, in addition to denying the allegations thereof, likewise set up the same provisions of the Code of Civil Procedure in bar of appellant’s cause of action, if any-had existed. The trial court found in favor of the allegations of the complaint and answer to the cross-complaint and…

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