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MUKTARIAN v. BARMBY

Docket No. Sac. 7544.

63 Cal.2d 558 (1965)

407 P.2d 659

47 Cal. Rptr. 483

EDWARD S. MUKTARIAN, as Executor, etc., Plaintiff and Appellant, v. ROBERT BARMBY, Defendant and Respondent.

Supreme Court of California. In Bank.

November 18, 1965.

Attorney(s) appearing for the Case

Carl Kuchman and Edward S. Muktarian for Plaintiff and Appellant.

Archibald M. Mull, Jr., Bill Holden and Michael S. Sands for Defendant and Respondent.

TRAYNOR, C.J.

In September 1961 William E. Barmby brought this action against his son to quiet title to certain real property. At the close of plaintiff's case, defendant moved for judgment pursuant to Code of Civil Procedure section 631.8. The trial court concluded that the action was barred by the three-year statute of limitations applicable to actions for relief on the ground of fraud or mistake (Code Civ. Proc., § 338, subd. 4) and entered judgment for defendant...

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