Collison

Collison v. Thomas

Good Law
11 Cal. Rptr. 555·1961 Cal. LEXIS 228·55 Cal. 2d 490·360 P.2d 51
Supreme Court of CaliforniaMarch 9, 1961L. A. No. 25793California3,073 words

Opinion

lead Opinion

Dooling, J.

— This litigation involves the estates of William P. O’Brien (hereafter called William) and Masie E. O’Brien (hereafter called Masie), husband and wife. Plaintiff Edna M. Collison, as administratrix of Masie’s estate, prosecuted this action against William’s estate to quiet title to certain real property in the city of Torrance, to reform certain instruments affecting the acquisition of title to said property, and for an accounting and damages. Leola Buck Kellogg, as administratrix of William’s estate, answered and cross-complained to quiet title in William’s favor in the disputed property and to recover rents collected on the property over a period of years. Mrs. Kellogg died during the trial and Louis Franklin Thomas was substituted in the action as successor administrator of William’s estate. The trial court gave judgment in favor of William’s estate quieting title to the property and awarding $3,084 plus interest from Charles T. Hippy, who had been named a cross-defendant, for rents collected on the Torrance property. The administratrix of Masie’s estate and Hippy have appealed.

The parties entered into a “Stipulation as to Facts Agreed Upon and to be Used as Evidence at the…

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