Sharp
Sharp v. Frank
Opinion
Lead Opinion
Searls, J.
This is an action to quiet the title of plaintiff to an undivided third interest in and to lots 8, 9, and 10, in block 40, situate in the town of Madera, county of Madera, state of California. The cause was tried before a jury, and written answers returned to certain special issues and interrogatories propounded to them, which the court approved and adopted, and, in addition thereto, made and filed certain other findings of fact and its conclusions of law thereupon,' upon which a decree was entered quieting the title of plaintiff, and decreeing the defendant to have no right, title, estate, or interest in or to the said lots of land and premises, or in or to any part thereof. Defendant appeals from the judgment, and from an order denying his motion for a new trial.
The plaintiff, a married woman, claims title by deed executed to her by her husband, L. 0. Sharp, on the eighteenth day of October, 1892. Defendant claims title as a judgment creditor of the said L. 0. Sharp, and under an execution, levy, sale, certificate of sale and sheriff’s deed of said property, and asserts that the deed executed by L. 0. Sharp to his wife, the plaintiff here, was and is void as to him, because…