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BERENDSEN v. McIVER

Docket No. 15992.

126 Cal.App.2d 347 (1954)

272 P.2d 76

CARL C. BERENDSEN, as Executor, etc., Respondent, v. DAWN McIVER, as Administratrix, etc., Appellant.

Court of Appeals of California, First District, Division One.

June 30, 1954.

Attorney(s) appearing for the Case

Harrison W. Call for Appellant.

Tinning & DeLap, Dana Murdock and J. Vance Porlier for Respondent.

BRAY, J.

In an action to reform a deed and to quiet title, defendant appeals from a judgment in favor of plaintiff.

QUESTIONS PRESENTED

1. Sufficiency of the evidence.

2. Sufficiency of complaint.

3. Is the action barred by section 338, subdivision 4, and section 353, Code of Civil Procedure?

4. Admission of oral testimony.

5. Was administrator incompetent to testify?

FACTS

In 1945, Andrew P. Berendsen...

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