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STEVENSON v. BAUM

No. C026195.

75 Cal.Rptr.2d 904 (1998)

65 Cal.App.4th 159

Ted STEVENSON et al., Plaintiffs and Appellants, v. James W. BAUM, Defendant and Respondent.

Court of Appeals of California, Third District.

Rehearing Denied July 23, 1998.

Review Denied September 16, 1998.

Attorney(s) appearing for the Case

Peter J. Stubbs, Sacramento, and Jack Mitchell, New York City, N.Y., for Plaintiffs and Appellants.

Neumiller & Beardslee, Daniel J. Schroeder, Stockton, and Nancy A. Gradante, New York City, N.Y., for Defendant and Respondent.

SIMS, Acting Presiding Justice.

Plaintiffs Ted and Alice Stevenson bought a mobile home park from defendant James Baum under a contract which provided that "[t]itle is to be free of ... easements ... other than ... [t]hose of record" and that Baum was to furnish a title policy "insuring title in Buyer subject only to ... easements... as set forth above."

The title policy furnished to the Stevensons revealed the existence of a recorded easement for ingress...

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