Robbins Investment Co. v. Annandale Inc.

The respondent, Annandale Incorporated, has moved to dismiss the plaintiff’s appeal from the judg *624 ment rendered in an action to quiet title, upon the ground that the issues have become moot and that the corporation waived the right to continue the prosecution of its appeal by accepting benefits under the judgment.

The controversy concerns title to certain real property which in 1932 was acquired by A. C. Robbins and Anne Fulton Robbins, his wife, as joint tenants. In 1935, judgment was rendered against Mr. Robbins for some $22,000, and two years later he and his wife conveyed the property to Robbins Investment Co., Inc., the plaintiff corporation. Subsequently, the defendant corporation, who had become the assignee of the unsatisfied judgment, levied execution upon this prbperty, and at an execution sale purchased all of the interest of A. C. Robbins therein.

Robbins Investment Co., Inc., then sued to quiet title. The defendant corporation not only denied the plaintiff’s allegations, but by a cross-complaint alleged that it is the owner of the property. Upon these issues, the trial court adjudged that the defendant is the owner of an undivided one-half interest in the land,…