Tuffree

Tuffree v. Stearns Ranchos Co.

Good Law
1898 Cal. LEXIS 1056·6 Cal. Unrep. 134·54 P. 826
Supreme Court of CaliforniaOctober 1, 1898L. A. No. 387California2,412 words

Opinion

Lead Opinion

Chipman, J.

Plaintiffs, husband and wife, brought an action to quiet title, on complaint filed August 25, 1886, alleging ownership of the premises in the wife. Answers were filed for all the defendants, of whom there were many. The cause was tried, and findings were filed July 11, 1891, and judgment January 15, 1892. The judgment was that plaintiff Mrs. Tuffree was the owner in fee of the premises, and that defendant C. B. Polhemus has no right or title thereto, and that plaintiffs take nothing as to the other defendants. The cause was appealed by plaintiffs and by Polhemus to this court, and is reported in 108 Cal. 670 , 51 Pac. 806 . The judgment here, on that appeal, was given on October 2, 1895, and the judgment below was affirmed as to defendant Polhemus, and was reversed and judgment directed in favor of plaintiff Mrs. Tuffree as to all' the other defend *136 ants except defendant Alfred Robinson. The remittitur went down November 2, 1895, and pursuant to directions therein the trial court entered judgment, which was indorsed: “Piled April 28, 1896. Docketed July 16, 1896. Entered July 15, 1896.” On July 25th and 27th the court made an order substituting the Stearns Ranchos Company at…

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