Fouch
Fouch v. Johnston
Opinion
Lead Opinion
Nourse, J.
This is an action to quiet title to a section of land situated in Riverside County. The defendant D. Johnston appeared and filed a cross-complaint setting up a claim that he was the equitable owner of one-half of the property because H. E. Fouch had acquired the property through funds furnished by said defendant under an agreement that he and said defendant should own an equal undivided one-half thereof. Judgment went for plaintiff and against the defendant, from which the latter has appealed upon a typewritten record.
On August 31, 1910, H. E. Fouch and Ella Fouch, his wife, became the owners of the land in dispute. On October 22, 1915, the. defendant D. Johnston, without having any title or interest in said property, executed a deed purporting to convey the same to Raymond Johnston. On April 11, 1917, H. E. Fouch and Ella Fouch commenced this action to quiet title to the premises, joining as parties defendants D. Johnston and his wife, Julia, and Raymond Johnston, the grantee under the deed of October 22, 1915. On the day the suit was filed Raymond Johnston and his wife executed a deed conveying all their interest in the property to Ella Fouch. On December 16, 1920, defendant…