McGinnis v. Monjoy

WHITE, P. J. By this proceeding respondent seeks an order dismissing the appeal herein on the ground that appellant has failed to comply with the rules on appeal in that no record on appeal has been completed as provided for in rule 10(a) of the Rules on Appeal.

The aforesaid rule provides in part as follows: “. . . If the appellant shall fail to perform an act necessary to procure the filing of the record or to pay the filing fee within the time allowed therefor or within any valid extension of that time, and such failure is the fault of the appellant and not of any court officer or any other party, the appeal may be dismissed on motion of the respondent or on the reviewing court’s own motion.”

The certificate of the clerk of the superior court reflects that this is an action for declaratory relief to cancel a deed and to quiet title to real property and was filed March 19, 1957. The relief prayed for is that the court declare that the described deed from Robert B. Monjoy to Robert B. Monjoy and Anna L. Mon joy is void and of no effect; that by virtue of the death of Robert B. Monjoy plaintiff acquired all of his interest in the described property as surviving joint tenant; that the court quiet title to said described real property in plaintiff against all claims of the defendants; that the court order defendant, Anna L. Monjoy, to deliver over possession of said described real property to plaintiff and account for all rents and profits received therefrom since the death of Robert B. Mon joy.

That a cross-complaint to quiet title was filed March 29, 1957, in which the relief prayed for was that plaintiff be required to set forth the nature of her claim to said property; that all adverse claims of plaintiff may be determined by decree of the court; that if by said decree it be adjudged that defendant is the owner of said undivided one-half interest in said premises and that plaintiff has no interest or estate whatever in said interest in said property, that plaintiff be forever debarred from asserting any claim whatever to said land adverse to defendant.

[521]A decree quieting title was entered June 26, 1958, that plaintiff, Myrtle McGinnis is the owner of all the real property described in said judgment, and that the claims of defendant Anna L. Mon joy individually, and any claims of the Estate of Robert B. Monjoy, deceased, are without any right whatsoever, and that defendant Anna L. Mon joy, forthwith deliver over possession of the described real property to plaintiff ■ that defendant County of Los Angeles has a lien against said property in the sum of $445.18, and that said defendant county has a further lien against said property for any unpaid taxes thereon.