California Trust Co. v. Kerckhoff-Cuzner Mill & Lumber Co.

California Trust Company, as executor of the estate of R. W. Huntley, deceased, brought the action to quiet title to certain lots situated in Los Angeles. Subsequently the heirs of the decedent were joined as party plaintiffs. Certain of the defendants filed disclaimers and otherwise waived any right to oppose the plaintiffs’ claim of title. The trial proceeded on the issues raised by the complaint and the answer of the defendant, John L. Kirkpatrick. The plaintiffs had judgment, from which John L. Kirkpatrick, who will be referred to as the defendant, has appealed.

The plaintiffs deraigned title through a trustee’s deed delivered pursuant to a sale of the property under a deed of *629 trust. On September 16, 1927, the property was owned by Thelma H. Davis, who on that day deeded it to Amanda E. Lesher. On the same day the last two named persons and F. E. Davis executed a deed o£ trust securing payment of the sum of $8,500 to Ethel L. Purwin. At the sale held under that deed of trust on November 15,1930, Fred J. Eddy became the purchaser, and on November 17, 1930, he received the trustee’s deed which was recorded on that day. On September 23, 1932, Eddy and his wife delivered to…