Waechter

Waechter v. Bullard

Good Law
1923 Cal. App. LEXIS 607·61 Cal. App. 683·215 P. 696
Court of Appeal of CaliforniaApril 17, 1923Civ. No. 2500.California1,873 words

Opinion

Lead Opinion

Burnett, J.

The action is in ejectment and plaintiffs had judgment, from which the appeal has been taken. The answer of defendant consists of a specific denial of plaintiffs’ ownership and alleged right of possession, and plea of the statute of limitations and of title .by adverse possession, and is followed by a cross-complaint seeking to quiet title as against plaintiffs., The principal point made by appellant is that the evidence is insufficient to justify the conclusion of the court .in favor of plaintiffs. The land in dispute is described in the complaint as follows:

“That certain real property situated in the City of Sacramento, County of Sacramento, State of California, known and described as the East thirty-three (33) inches of the South one-fourth (S. %) of lot number 1, bounded by and between F and G Streets and 14th and 15th Streets.”

The only evidence offered and received on behalf of plaintiffs is a deed to them from Viola Amsden, a widow, dated February 11, 1920. In that deed the lot is described “as South One-Quarter (S.%) of Lot One (1) bounded by and between F and G and 14th and 15th Streets” in the city of Sacramento. After this deed was received in evidence counsel for…

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