Law

Law v. Title Guarantee & Trust Co.

Good Law
1928 Cal. App. LEXIS 953·91 Cal. App. 621·267 P. 565
Court of Appeal of CaliforniaMay 7, 1928Docket No. 6165.California3,177 words

Opinion

Lead Opinion

Thompson, J.

This is an appeal from a judgment rendered in favor of plaintiffs in an equi table action decreeing delivery of an escrow deed to a portion of a certain Los Angeles lot to the grantees thereof, and quieting title thereto.

The appellant contends that (1) the grantor was of unsound mind; that (2) the deposit of the deed did not constitute an escrow; that (3) the conditions of the escrow were not performed; that (4) the escrow was revoked by the heirs of the grantor; that (5) the decree quieting title to the lot in question disregarded the validity of an existing mortgage lien, and that (6) the record is devoid of evidence of the value of the property or the adequacy of consideration for the purchase thereof.

The appellant’s intestate, C. A. Nolte, was eighty-nine years of age, and resided in Los Angeles. He was the owner of that portion of lot 6 of the Amey tract of Los Angeles, which is involved in this action. October 12, 1923, the grantor procured Kells & Grant, his real estate agents, to prepare a written contract of sale of said lot to the respondents for the sum of $16,500, by the terms of which agreement the agents receipted for $500 to be applied upon the purchase price.…

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