Baumgarten v. Mitchell

COOPER, P. J.

This action was brought to quiet plaintiff’s alleged title to lot No. 11 in block 30 in the city of Oakland. The defendant Decker filed a cross-complaint, alleging that he is the owner and seised in fee of the premises described in the complaint, and asking to have his title quieted thereto. The defendant J. F. Baumgarten filed an answer and cross-complaint, claiming that he is the owner of an undivided one-half of the premises, and praying that his title be quieted to such undivided half. The other defendants disclaimed any title or interest in the lot, and hence they are out of the controversy. The case was tried before the court; findings filed, and judgment entered in accordance therewith in favor of respondent Henry Decker, and against the Baumgartens who are appellants.

The court finds that neither the plaintiff nor defendant J. F. Baumgarten is the owner or seised in fee or entitled to the possession of the said premises, but that defendant Decker is the owner in fee and entitled to the possession of the same, and to have his title quieted as against the plaintiff and as against defendant J. F. Baumgarten. The plaintiff and defendant J. F. Baumgarten, who is a son of plaintiff, have each appealed from the judgment.

As to appellant, J. F. Baumgarten, in his brief he states as follows: “The evidence is insufficient to justify the findings and decision of the court in the following particulars: 1st, the evidence is insufficient to justify the finding of the court that defendant J. F. Baumgarten has no interest, right or title or estate whatsoever in or to said property; 2nd, the evidence is insufficient to justify the finding and decision

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of the court that defendant and cross-complainant Henry Decker is now, and ever since the 24th day of December, 1905, and prior to the commencement of this action, has been the owner in fee and entitled to the possession of all said property, with the tenements, hereditaments and appurtenances thereunto belonging, and the rents, issues and profits thereof.” After the above, and other specifications of like import, the brief contains a copy of the complaint, a copy of the answer and of the cross-complaint of defendant J. F. Baumgarten, a copy of the findings, conclusions of law and decree, a copy of a deed from plaintiff to defendant J. P. Baumgarten dated August 15, 1895, a copy of the notice of appeal, and nothing more. No argument is made in the brief as to why the evidence is insufficient, and no summary of the evidence is given.