SMITH v. McDANIEL

Docket No. 21565.

228 Cal.App.2d 275 (1964)

39 Cal. Rptr. 544

EDWARD SMITH et al., Plaintiffs and Respondents, v. G.G. McDANIEL, Defendant and Appellant.

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

July 1, 1964.


Attorney(s) appearing for the Case

Michael Lewton and Joseph B.K. Smith for Defendant and Appellant.

Bagshaw, Martinelli, Weissich & Jordan and A.E. Bagshaw for Plaintiffs and Respondents.


SALSMAN, J.

The respondents brought this action to set aside a quiet title judgment obtained by appellant, which judgment determined that appellant was the owner of two parcels of real property. The court set aside appellant's former judgment and determined that it was not binding upon respondents.

There was evidence that in 1915 Mabrey McMahan was the owner of a large tract of land, of which the two parcels here in dispute formed a part. McMahan had an ambitious...

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