Ybarra

Ybarra v. Sylvany

Good Law
1893 Cal. LEXIS 987·3 Cal. Unrep. 749·31 P. 1114
Supreme Court of CaliforniaJanuary 14, 1893No. 19,102California921 words

Opinion

Lead Opinion

Belcher, J.

This is an action to quiet the plaintiff’s title to a parcel of land in the city of Los Angeles, and the complaint is in the usual form. The defendant, by his answer, denied all the averments of the complaint; denied that he had no right, title, or interest in or to the land; and alleged that he was the owner thereof in fee simple, and was such owner and entitled to the possession of the land when the action was commenced; alleged that he had been in the quiet and peaceable possession of the premises described, holding and claiming the same adversely to the plaintiff and all other persons, for more than five years before the commencement of the action, and that the plaintiff’s cause of action was barred by the provisions of sections 1806 and 318 and 319 of the Code of Civil Procedure. He then set out the facts in a cross-complaint and asked that his title be quieted as against the plaintiff. After trial the court below found that the plaintiff “is now, and for a long time hitherto has been, the *751 owner in fee and entitled to the possession of” the parcel of land described in the complaint; that the defendant claims an interest in and to the said land, but his claim is without…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.