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DALY v. SMITH

Docket No. 209.

220 Cal.App.2d 592 (1963)

33 Cal. Rptr. 920

NELLIE E. DALY, Individually and as Executrix, etc., Cross-complainant and Appellant, v. V.R. SMITH et al., Cross-defendants and Respondents.

Court of Appeals of California, Fifth District.

September 20, 1963.

Attorney(s) appearing for the Case

Di Giorgio & Davis and Thomas R. Davis for Cross-complainant and Appellant.

Bennett Siemon, in pro. per., Borton, Petrini, Conron, Brown & Condley and George A. Brown for Cross-defendants and Respondents.

CONLEY, P.J.

This is an appeal by the cross-complainant, Nellie E. Daly, individually and as executrix of the estate of her husband, A.D. Daly, from a judgment denying recovery for trespass and the removal and conversion by the trespassers of 4,663 tons of gypsite from mining claims in the Mohave Desert. Originally, V.R. Smith, Helen Smith, H.E. Barnett, Leona Barnett, Pete Cassou, Freda Cassou, Alfred Siemon and Bennett Siemon brought suit to quiet their alleged...

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