Title Guarantee Trust Company v. Campbell

California Court of Appeal

Title Guarantee Trust Company v. Campbell

9 P.2d 265, 121 Cal. App. 763, 1932 Cal. App. LEXIS 1222

CourtCalifornia Court of Appeal

DecidedMarch 3, 1932

DocketDocket No. 8219.

StatusPublished

This text of 9 P.2d 265 (Title Guarantee Trust Company v. Campbell) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Title Guarantee Trust Company v. Campbell, 9 P.2d 265, 121 Cal. App. 763, 1932 Cal. App. LEXIS 1222 (Cal. Ct. App. 1932).

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Opinion

SPENCE, J.

This isa companion ease to Campbell v. Title Guarantee & Trust Co. (No. 8218), ante, p. 374, [9 Pac. (2d) 264], the opinion in which has been this day filed.

This action was instituted by plaintiff to quiet title. By way of defense defendant alleged in her amended answer the same facts which she set forth in her amended complaint for rescission in the other action. By stipulation the two actions were tried together. The trial court adjudged plaintiff to be the owner of the real property, subject, however, to a lien in favor of defendant for the sums paid to plaintiff upon the contract to purchase. Plaintiff appeals from the portion of the judgment providing for a lien upon the premises in favor of defendant.

The opinion in Campbell v. Title Guarantee & Trust Co. (No. 8218), ante, p. 374 [9 Pac. (2d) 264], is determinative of all questions raised upon this appeal. Plain *764 tiff herein was entitled to judgment as prayed and the defendant was not entitled to recover the sums paid nor to a lien therefor. The portion of the judgment appealed from is reversed and the trial court is directed to enter judgment in favor of plaintiff quieting title against defendant Laura E. Campbell.

Nourse, P. J., and Sturtevant, J., concurred.

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SPENCE, J.

This isa companion ease to Campbell v. Title Guarantee & Trust Co. (No. 8218), ante, p. 374, [9 Pac. (2d) 264], the opinion in which has been this day filed.

This action was instituted by plaintiff to quiet title. By way of defense defendant alleged in her amended answer the same facts which she set forth in her amended complaint for rescission in the other action. By stipulation the two actions were tried together. The trial court adjudged plaintiff to be the owner of the real property, subject, however, to a lien in favor of defendant for the sums paid to plaintiff upon the contract to purchase. Plaintiff appeals from the portion of the judgment providing for a lien upon the premises in favor of defendant.

The opinion in Campbell v. Title Guarantee & Trust Co. (No. 8218), ante, p. 374 [9 Pac. (2d) 264], is determinative of all questions raised upon this appeal. Plain *764 tiff herein was entitled to judgment as prayed and the defendant was not entitled to recover the sums paid nor to a lien therefor. The portion of the judgment appealed from is reversed and the trial court is directed to enter judgment in favor of plaintiff quieting title against defendant Laura E. Campbell.

Nourse, P. J., and Sturtevant, J., concurred.

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9 P.2d 265, 121 Cal. App. 763, 1932 Cal. App. LEXIS 1222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/title-guarantee-trust-company-v-campbell-calctapp-1932.

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