Hennessy
Hennessy v. Title Insurance & Trust Co.
Opinion
lead Opinion
Houser, J.
The suit here involved was brought for the purpose of quieting title to certain real property situated in the county of Los Angeles. Plaintiff appeals from a judgment entered in favor of the defendants.
On the trial it was stipulated that on May 8, 1873, the common source of title was in a certain named person, at which time the property was conveyed to one Patrick Cassidy, who was a married man, and who, on October 8, 1878, made and recorded a declaration of homestead covering the property, and in which declaration his wife, Bridget Cassidy, did not join. Seven years later the wife died. Within three years after the wife’s death Patrick Cassidy conveyed all of said property in different parcels to defendants’ predecessors', and of such property, ever since such respective conveyances, they, with the defendants herein, have been in continuous possession and have paid all taxes levied or assessed thereon. No administration was ever had on the estate of Bridget Cassidy, deceased, until more than thirty-five years had elapsed after her death, "at which time plaintiff herein was appointed, qualified, .and at all times here involved was the administratrix of the estate of Bridget…