Davis v. Schneider

WOOD (W. J.), J.,

pro

tem.

Plaintiff on September 21, 1923, filed a complaint in the usual form seeking to quiet title to an undivided one-half interest in a parcel of real estate. Defendants, in addition to denying plaintiff’s allegations of ownership, set up the defenses of laches, estoppel, and the statute of limitations. Thé findings of the trial court were favorable to defendants on all of these issues and judgment was accordingly rendered, from which plaintiff prosecutes this appeal.

Nearly all of the essential facts are covered in the following stipulation presented by the parties: “(1) That upon the first day of August, 1913, title to the real property involved in this action was in Charlotte Stuckey, and Albert F. Stuckey, and that on said date they deeded the same to James Kinley and Anna Newheuser, by a grant deed which was recorded August 7th, 1913, in Book 5563, of Deeds, Records of Los Angeles County, California. (2) That the purchase price of said property was paid share and share alike by the said James Kinley, and Anna Newheuser out of their own separate funds. (3) That subsequently, to wit on the- day of August, 1913, the said James Kinley, and Anna Newhauser intermarried, and immediately thereafter entered into the actual physical possession of the said property, and premises, and continued to occupy the same as their home up to and including the date of the death of the said James Kinley, and that the said Anna Kinley, formerly Anna Newheuser, as the widow of the said James Kinley, continued in the actual physical possession thereof, occupying the premises as her home.

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(4) That plaintiff never at any time prior to the commencement of this action demanded the possession of the said property; and that prior to the commencement of this action, and service of process therein upon them, neither the defendant, W. T. Largent, or the defendant Anna Kinley, ever had any notice, or knowledge, of any claim of right of the plaintiff, in or to said property, save and except in so far as the recording of the instrument under which plaintiff claims may have been constructive notice to them. (6) That all of the taxes, and assessments for local improvements, and expenses of maintenance and repair, have been paid from time to time by the said James Kinley, or Anna Kinley, or W. T. Largent as Administrator of the Estate of James Kinley, and without contribution from the plaintiff. (7) That the said James Kinley died on or about Sept. 12th, 1917, and the defendant W. T. Largent was duly appointed Administrator of his Estate, on October 1st, 1917; that he qualified as Administrator, and