Gregoire

In this action brought by plaintiffs to quiet title to certain land, the defendant school district prevailed. In support of their appeal plaintiffs claim (1) the court failed to make findings on certain issues, (2) the evidence demonstrates an oral gift of the property to the plaintiffs, and (3) the evidence demonstrates that plaintiffs acquired title by adverse possession.

Louis and Katherine Gregoire, husband and wife, acquired this property as joint tenants in 1924. Louis died in September, 1952. In November, 1952, the defendant school district filed a condemnation suit against Katherine. It resulted in acquisition of title from Katherine by judgment entered in June, 1953. She appealed. The appellate court affirmed. The Supreme Court denied a hearing and the judgment became final on January 12, 1955. (See Redwood City etc. School Dist. v. Gregoire, 128 Cal.App.2d 766 [ 276 P.2d 78 ].)

In November, 1955, plaintiffs, the 12 children of Louis and Katherine, filed this action. They pleaded ownership in general terms as is usual in a complaint to quiet title. They predicated title upon an asserted oral gift to them from Louis and Katherine. In their closing brief they advanced the…