Klose
Klose v. Hillenbrand
Opinion
Lead Opinion
Foote, J.
The plaintiff, Klose, had judgment in this action that a certain deed of conveyance to a one-half interest in certain real property situate in San Francisco, from him to one William Hillenbránd, of date the 25th of April, 1888, was procured by fraud and artifice; that it was null and void, and conveyed no in *475 terest of Klose to the property therein described; and that ever since that date the plaintiff'has been and now is the owner of and entitled to the possession of an undivided one-half part or share of the lot of land described in the deed, with the improvements thereon. And further, that a conveyance from William Hillenbrand of the same property, by deed executed on the 21st of January, 1889, to his wife, Anna Hillenbrand, was executed in fraud of the rights of the plaintiff, and is null and void. It was further ordered and adjudged that the plaintiff be let into the quiet possession, occupation, and enjoyment of the undivided one-half part or share of the lot of land and premises described in the judgment, and that the plaintiff recover his costs. From that judgment and an order denying a new trial this appeal is taken.