Houser

Houser v. Houser

Good Law
1935 Cal. LEXIS 442·3 Cal. 2d 371·44 P.2d 316
Supreme Court of CaliforniaApril 25, 1935S. F. No. 15079California2,307 words

Opinion

Lead Opinion

Curtis, J.

Appeal from an order directing execution to issue in favor of defendant Jennie V. Houser and against the plaintiffs, Lionel Houser and Mervin Houser, in the sum of '$316.

This action involves two judgments rendered in said action, one on May 3, 1926, and the other on October 13, 1927, and the rights of the parties under said judgments.

The first of said judgments quieted plaintiffs’ title to certain real property, and further provided that plaintiffs should make monthly payments of $300 to said Jennie V. Houser during her lifetime. Nathan L. Houser was a defendant in said action, and the judgment quieting plaintiffs’ title was rendered against him as well as against Jennie V. Houser. Some time after the rendition of this judgment said Nathan L. Houser moved to have said judgment set aside on the ground that he had been adjudged incompetent prior to the time summons in said action was served on him. The motion was granted. No notice of this motion was .given to Jennie V. Houser, and the record before us does not show any appearance by said Jennie V. Houser in any of the proceedings brought to set aside said judgment or that she had any notice or knowledge of the pendency of said…

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