Connelly

Connelly v. J. D. Millar Realty Co.

Good Law
131 Cal. App. 67·20 P.2d 781
Court of Appeal of CaliforniaApril 6, 1933Docket No. 1008.California919 words

Opinion

lead Opinion

Van Zante, J.

This action was brought by plaintiff to rescind a contract and to quiet title to a certain lot in the city of Los Angeles. The default of the defendant Fred S. O’Neill was entered and the action was dismissed as to defendants J. D. Millar Realty Company, J. A. Ross, Security Trust and Savings Bank and Security First National Bank.

Judgment was rendered in favor of the defendants on their answer and in favor of defendant Meline Bond & Mortgage Company on its cross-complaint to quiet title to and for possession of the same lot.

Plaintiff’s contentions that the judgment as rendered should be reversed are set forth in his opening brief as follows:

It appears in the record, and is not disputed, that plaintiff was in possession of this property at the time in question. It also appears in the record that while the plaintiff was so in possession she executed and delivered to defendant Fred S. O’Neill a grant deed conveying this property to him; "that while this grant deed recited a consideration of ten dollars, the real consideration was $1,000 and two lots in the Hollywood Sunnyside tract; that plaintiff received only $600, and the two lots have not been conveyed to her; that after…

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