Lapique

Lapique v. Geantit

Caution
1913 Cal. App. LEXIS 281·21 Cal. App. 515·132 P. 78
Court of Appeal of CaliforniaMarch 18, 1913Civ. No. 1277.California629 words

Opinion

lead Opinion

Allen, J.

The action was one under section 738 of the Code of Civil Procedure, being in the nature of an action to quiet title. The second amended complaint alleged ownership and possession in plaintiff of certain described premises, the same being lot 7, block 34, Ord’s Survey, in the city of Los Angeles. Defendant Geantit, as executrix, disclaimed any interest in the premises, but as an individual and personal claim alleged ownership in a part of the premises described. The other defendants set up a claim of ownership to the remainder thereof, and all of defendants denied that plaintiff was the owner in possession, or entitled to any interest in or to any part of the premises; and further set up the bar of the statute of limitations as to any claim of plaintiff, specifying the various sections of the statute applicable thereto. Upon trial of the case, the court found: That plaintiff was not at the time of the institution of the action, now, or at any time, the owner of, or in possession of, or entitled to the possession of the premises described, or any part thereof; that defendant Geantit, whose present name, througn intermarriage, is Vigne, and the other defendants are the owners of…

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