Boswell

Miller v. Boswell

Good Law
162 Cal. App. 2d 508·1958 Cal. App. LEXIS 1903·328 P.2d 517
Court of Appeal of CaliforniaAugust 1, 1958Civ. No. 23002California329 words

Opinion

Lead Opinion

Fourt, J.

This is an appeal on the judgment roll from a decree wherein the court refused to quiet the title to a parcel of real property.

*509 The plaintiff brought the action to quiet his title to, and determine the adverse interests if any in four parcels of real property in Los Angeles County. The defendant, Catherine A. McKenna, filed an answer wherein she denied substantially all of the plaintiff’s claims; however, in such answer she did not claim any title for herself.

The court, after a trial, found the title (insofar as Parcels 1, 2 and 3 were concerned) to be in the plaintiff and ordered cancellation of certain special assessment liens. As to the fourth parcel, the court found:

The court then, as a conclusion of law therefrom set forth:

Judgment was entered and no mention was made of any disposition as to Parcel Number 4. A motion was made by the plaintiff to vacate the judgment so entered, and to make a different judgment as to Parcel Number 4 upon the ground that the conclusion of law was erroneous and not consistent *510 with, and not supported by the findings of fact. The motion was denied.

The appellant contends that the findings of fact compel a judgment in his favor as…

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.