Mansfield
Vaca Valley & Clear Lake Railroad v. Mansfield
Opinion
Lead Opinion
Belcher, J.
The plaintiff brought this action to quiet its title to two blocks of land (4 and 11) in the town of Winters, Yolo County. The defendants answered separately. Defendant Mansfield alleged that in 1878 the plaintiff sold and conveyed the two blocks to him, and that under his conveyance he took possession, *562 and had ever since held possession of the same. Defendant J. Allison filed a disclaimer. Defendant D. E. Allison alleged that on the twenty-fifth day of July, 1878, defendant Mansfield was the owner in fee of the premises in dispute, and that on that day he executed a mortgage upon the premises to defendant J. Allison to secure the payment of his promissory note for the sum of five thousand dollars; that the mortgage was duly recorded, and afterward the note and mortgage were assigned and transferred to him (D. E. Allison), who thereupon became and had ever since continued to be the owner and holder thereof; and that shortly after executing the note and mortgage, defendant Mansfield departed from this state, and had since continuously remained outside of its boundaries.
Upon the trial it was proved that the plaintiff was a corporation duly organized under the laws of this…