Greenwald

Greenwald v. United States

Good Law
1963 Cal. App. LEXIS 1550·223 Cal. App. 2d 434·35 Cal. Rptr. 772·13 A.F.T.R.2d (RIA) 1048
Court of Appeal of CaliforniaDecember 17, 1963Civ. No. 27351California2,684 words

Opinion

Lead Opinion

Wood, J.

Defendant United States of America appeals from a summary judgment quieting plaintiffs’ title to real property upon which defendant claimed a lien for unpaid taxes.

The first cause of action of the complaint alleges that: Since December 26, 1957, plaintiffs have been the owners of certain real property situated in Los Angeles, California. Defendants’ claim to an adverse interest in the property is without any right, and that none of the defendants has any right, title or interest therein. The claims of Occidental Escrow Company and Sunset Investments, Inc., are false and fraudulent, and based in part upon a false and forged trust deed and promissory note purportedly executed by plaintiffs on January 3, 1958, in favor of John F. Firestone. The trust, deed purports to convey legal title to the property to said escrow company, as trustee, to secure a purported indebtedness of $2,000 in favor of said Firestone. The trust deed was recorded March 27, 1961, in Los Angeles County. The beneficial interest under that deed was assigned by said Firestone to Sunset Investments, Inc., by assignment dated March 23, 1961, and recorded March 27, 1961. A copy of the trust deed, marked “Exhibit A,”…

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