Olds

Olds v. Thorington

Good Law
1920 Cal. App. LEXIS 579·47 Cal. App. 355·190 P. 496
Court of Appeal of CaliforniaMay 3, 1920Civ. No. 3183.California2,448 words

Opinion

Lead Opinion

Knight, J.

The judgment in this action decreed that plaintiff’s title to certain lands situate in Inyo County be quieted upon the payment by plaintiff to defendants of the amount of a mortgage previously given by plaintiff’s predecessors covering the lands in question. Defendants appeal. Plaintiff, in his own right and as executor of the last will of Martha D. Olds, deceased, avers in his complaint that he is the owner and entitled to the possession of the disputed premises, and prays that his title thereto be quieted. Defendants in their answer deny the validity of plaintiff’s title, and by way of cross-complaint seek to reform a certain deed which forms a part of their chain of title by correcting the description of the propertj' intended to be conveyed, and thereupon to quiet their title, which they aver was acquired by prescription. Defendants also plead the statute of limitations. (Sec. 318, Code Civ. Proc.)

Plaintiff is the son of David and Martha D. Olds, both of whom are now deceased. Defendants are, respectively, the widow and the children of William R. Thorington, since deceased, the latter being a son of Martha D. Olds by a former marriage. The premises in question were acquired…

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