Jaffray v. Mies

BARNARD, P. J.

This is an action to quiet title involving certain lots in Oceanside in San Diego County. In a former action, title to these lots was quieted in San Diego Improvement Co. as against P. W. Marshall.

(San Diego Improvement Co.

v.

Brodie,

215 Cal. 97 [8 P.2d 1027].) The defendants in the present action later acquired title to these lots from San Diego Improvement Company. Still later, and on May 2, 1945, the plaintiff, for a consideration of $10, obtained a deed to the property from P. W. Marshall. Although he was married at the time, Marshall’s wife did not join in this deed.

[292]

On May 5, 1945, the plaintiff brought this action to quiet her title to these lots as against these defendants. An answer was filed, including a prayer for a judgment quieting title to the lots in the defendants. The court found in all respects in favor of the defendants and entered a judgment that the plaintiff has no right, title or interest in these lots, and quieting title thereto in the defendants. From this judgment the plaintiff has appeared, the appeal being presented on a settled statement.

It is first contended that under certain conveyances made prior to the decision in

San Diego Improvement Co.

v.

Brodie, supra,

the record title to a one-third interest in and to three

of

the lots in question is in the plaintiff. This contention cannot be sustained both because the record fails to show that any valid title was thereby conveyed to the plaintiff, and because the settled statement establishes the fact to the contrary. It appears therein that the plaintiff admits that neither she nor Marshall had any color of title subsequent to the Brodie case, and that neither of them has any claim to the property in question, after title was quieted against Marshall and others in the Brodie case, “unless such title arose by adverse possession. ’ ’