Gillespie v. Gouly

Citations

• 120 Cal. 515
• 52 P. 816
• 1898 Cal. LEXIS 799

Syllabus

<p>Action to Quiet Title—Possession of Defendant—Juey Trial.—In an action under section 738 of the Code of Civil Procedure, brought by a party out of possession, against one claiming title and in possession, and asking for a restitution of the premises, either party is entitled to a jury trial as a matter of right.</p> <p>Id.—Avoiding Title under Execution—Mental Incompetency—Nonsuit— Question fob Jury.—Where the action was brought by heirs of a deceased woman, who sought to avoid a title claimed by the defendants under an execution sale had as the result of a litigation begun and carried on while she was mentally unsound and incapable of acting for herself, and was not represented by guardian, the facts being known to the person who sued and obtained the sheriff’s deed and to each of the grantees claiming under him, if the evidence establishes such facts and the knowledge of them, the result of the litigation amounted to nothing, and the title claimed under the execution sale should be avoided at the instance of her heirs; and where the evidence for the plaintiff tended to show them, a nonsuit should not be granted, but the question should be submitted to the jury upon the evidence offered and any further evidence which might be introduced by the defendants.</p>