Daly v. Sorocco

Citations

• 80 Cal. 367
• 22 P. 211
• 1889 Cal. LEXIS 919

Syllabus

<p>Quieting Title—Pleading — Allegation as to Ownership — Findings. — When the plaintiff alleges ownership o£ real estate in an action to quiet title, a finding upon the issue of ownership is a finding of fact, and the evidence going to prove such ownership need not, and should not, be pleaded or found.</p> <p>Id.—Finding upon Immaterial Issues.—When the plaintiff’s allegations as to ownership and right of possession are found against him in an action to quiet title, a failure to find upon other issues is immaterial, and is not cause for reversal.</p>