Svetinich

Svetinich v. Sheean

Good Law
124 Cal. 216·1899 Cal. LEXIS 972·56 P. 1028
Supreme Court of CaliforniaApril 8, 1899S. F. No. 1142California938 words

Opinion

Lead Opinion

Dyke, J.

This is an action to quiet title to a certain lot in the city of Yallejo, Solano county. The title claimed hy the plaintiff is founded upon a sheriff’s deed. The plaintiff, September 30, 1895, obtained a judgment against the defendant Eliza Sheean, in the city and county of San Francisco, and upon this judgment levied upon the right, title, and interest of said defendant Eliza Sheean in and to said lot, and under said judgment and levy, March 2, 1896, a sale was made by the sheriff of Solano county of said interest to the plaintiff in said action, *217 who is the plaintiff here. ¡No redemption having been made, the deed in question was executed October 17, 1896. Defendants, answering, denied any title in the plaintiff, and alleged that the title and ownership of said, property are in the defendant Timothy Sheean; and said Timothy Sheean, in a separate answer and by way of cross-complaint, sets forth that said lot was purchased by his separate means, and, although the deed was taken in the name of himself and his wife, it was his separate property and so understood at the time. The court finds that the said Timothy Sheean permitted said deed of conveyance to be made to said Timothy…

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