Goldman

Goldman v. Rogers

Good Law
1890 Cal. LEXIS 951·85 Cal. 574·24 P. 782
Supreme Court of CaliforniaSeptember 10, 1890No. 13145California1,450 words

Opinion

Lead Opinion

Belcher, J.

The plaintiff brought this action to recover possession of two lots of land in the town of Tulare, the complaint being in the ordinary form in ejectment. The. defendant, by her answer, denied all the averments of the complaint, and then, by way of cross-complaint, set up that she purchased the lots on the twenty-fifth day of July, 1882, and received a good and sufficient bargain and sale deed thereof, in her own name, which was afterwards recorded, and that she “ paid therefor money owned by her in her own exclusive right”; that ever since the date of her purchase she had been the owner of the lots, and in the actual and exclusive possession thereof; that the plaintiff claimed an estate or interest in the property adverse to her, under and by virtue of a deed made to him by a constable, under date of December 31, 1886, in pursuance of a sale of the property under an execution issued on a judgment against one H. G. Rogers, but that the plaintiff had no estate, right, title, or interest whatever therein; wherefore she prayed that her title be quieted. The answer to the cross-complaint denied that the defendant purchased the lots at the time named, or at all, or that she “paid for…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.