Batchelder v. Baker

Citations

• 79 Cal. 266
• 21 P. 754
• 1889 Cal. LEXIS 716

Syllabus

<p>APPEAT, — JÜDSMENT ROLL APPOINTMENT OF GUARDIAN AD LlTEM — Presumption. — When an appeal is taken upon the judgment roll, the appellate court cannot look outside of it to determine whether a guardian ad litem, answering for a minor was appointed by the court or not. Proceedings relating to the appointment of a guardian ad litem, form no part of the judgment roll. The presumption in such case is in favor of the action of the court below, where the record shows appearance and answer by a guardian ad litem.</p> <p>Quieting Title — Possession — Ownership—Pleading—Judgment. — When the complaint in an action to quiet title avers possession of the plaintiff for a sufficient length of time to show title in the plaintiff, it is equivalent to a direct allegation of ownership, and a judgment that the plaintiff is the owner of the property is supported by the complaint.</p> <p>Id. — Finding as to Ownership. — When the answer in an action to quiet title claims no interest in the property, it is not necessary to find that the defendant had no interest. A finding of facts showing the plaintiff to be the owner of the property is sufficient as to the matter of ownership.</p>