Dam

Dam v. Zink

Good Law
112 Cal. 91·1896 Cal. LEXIS 652·44 P. 331
Supreme Court of CaliforniaMarch 24, 1896No. 1625California713 words

Opinion

Lead Opinion

McFarland, J.

This is an appeal by Elizabeth Zinlc, defendant, upon the judgment-roll, which includes findings, from a judgment in favor of plaintiff, in an action to quiet' title to a tract of land in Yuba county. The only question raised is as to the sufficiency of the findings to support the judgment.

In the complaint, after the usual averments of ownership of the land by plaintiff, it is averred that the defendants (of whom there were several) claim some interest in the land, but that said claim was without any right, and further that the defendants Elizabeth Zink and Jacob Zink “claim to hold a judgment lien against the said real property, but which claim is without any foundation or right.” All the other defendants filed disclaimers, and Elizabeth Zink answered, setting up that before the commencement of this action she had recovered a j udgment in the superior court of said Yuba county against the said plaintiff and one Benjamin F. Dam for several hundred dollars; that said judgment was reglarly docketed and recorded in the judgment-book of said court; that no part of the same has ever been paid; and that by virtue of said judgment, recovered and docketed as aforesaid, she “ has held…

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