Bier

Bier v. Leisle

Good Law
172 Cal. 432·1916 Cal. LEXIS 546·156 P. 870
Supreme Court of CaliforniaMarch 24, 1916S. F. No. 7579. In Bank.California1,339 words

Opinion

Lead Opinion

Angellotti, J.

The complaint in this case is in the ordinary form of a complaint in an action to quiet title to land, plaintiff alleging himself to be the owner in fee simple, and entitled to the possession of certain land in Fresno County. Defendant John Jacob Leisle, who was the husband of his codefendant, defaulted. Defendant Maggie Leisle answered, denying plaintiff’s allegation of ownership. She admitted that she and John Jacob Leisle are husband and wife, “subject to an interlocutory decree” of divorce, and alleged that she has an estate in said land, consisting of a homestead right. She further alleged in substance that in exchange for certain community property of herself and husband, the latter obtained the land in suit, causing the deed therefor to be made by the grantor to plaintiff, as security for a. debt of two hundred dollars then due plaintiff from him, and that plaintiff holds the legal title thereto solely as security for said debt and interest. She further alleged that subsequent to said deed she took possession of the land, and has ever since occupied the residence thereon as a home for herself and family, and that while so living on the land she selected the same in…

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