SMITH v. CAREY

Docket No. 22652.

238 Cal.App.2d 438 (1965)

48 Cal. Rptr. 12

ELSIE M. SMITH, Plaintiff and Respondent, v. ELAINE INEZ SMITH CAREY, Defendant and Appellant.

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

November 29, 1965.


Attorney(s) appearing for the Case

Kenneth S. Carey for Defendant and Appellant.

L.S. Hamm, B.E. Kragen, Lionel B. Benas and Peter L. Levy for Plaintiff and Respondent.


DRAPER, P.J.

Claiming under pre-1951 joint tenancy deeds to herself and her deceased husband, plaintiff sought to quiet title. Defendant is the daughter of the decedent by an earlier marriage. Her answer pleaded in full a 1953 deed from her father to her. Plaintiff did not file an affidavit denying "genuineness and due execution" of the 1953 deed (Code Civ. Proc., § 448). Plaintiff's pretrial statement asserted that an issue for trial was whether the 1953 deed...

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