Schulman v. Shores

VALLÉE, J. Appeal of Ida Stockton, an incompetent, by her guardian, from a judgment in a quiet title ^action which decreed that plaintiff is the owner of “Lot 12 in Block H of Strong and Dickenson’s Hollywood Tract No. 1.”

Ida Stockton purchased the property in 1919, but title was taken in the name of Give J. Shores. Ida Stockton, Give J. Shores, and Give J. Shors are one and the same person. The property is improved with three residential units—5951, 5957 and 5961 Melrose Avenue. Three street improvement bonds, dated April 14,1931, which were liens on the property, were foreclosed and the property sold to plaintiff on December 2, 1946. On August 26, 1948, Ida Stockton, who occupied 5951, and Marion Massey, one of the occupants of 5961, were served with notices to, redeem. Apparently 5957 was unoccupied at the time but Ida Stockton was served with a notice to redeem with respect to it. -Notices to redeem were also posted on the property. On December 29, 1948, three deeds covering the three different fractional portions of Lot 12 [158]were issued to plaintiff by the treasurer of the city of Los Angeles.

On May 11, 1949, plaintiff filed this action to quiet title against Olive J. Shores and Ida Stockton. The complaint contained the same legal description of the property as that contained in the judgment, supra. Plaintiff’s claim of ownership was based upon the three treasurer’s deeds issued to him, and it was alleged that they had been issued “more than six months prior to the commencement of this action,” and that plaintiff was “therefore within the provisions of Section 6571, Streets and Highways Code of California.”

An answer was filed, entitled “Answer of Ida Stockton p. p. and for Olve Shors,” and signed “Olve Shors by Ida Stockton—In propria persona.” On December 16, 1949, an amendment to the answer was filed by “Ida Stockton pa.” The amendment alleged that the three treasurer’s deeds were void and of no force and effect because issued upon false affidavits of service under section 6550 of the Streets and Highways Code; that Olve J. Shores, “a real and not a fictitious person, ’ ’ is the record owner of the property described in the complaint; that Ida Stockton is the owner of the property “described in the complaint”; that she has occupied it for several years past; and that the notice provided by section 6550 of the Streets and Highways Code was not personally served upon her or upon Olve J. Shores “designated in said complaint as Olive J. Shores.”