Schaeffer v. Hofmann

Citations

• 4 Cal. Unrep. 839
• 37 P. 932
• 1894 Cal. LEXIS 1228

Syllabus

<p>Quieting Title.—In an Action to Quiet Title to Lands, where no mortgage lien is claimed, and where the answer pleads possession under a contract of sale, and offers payment of the amount due, a judgment declaring the amount due to be a mortgage on the land will be reversed as not warranted by the pleadings.</p> <p>Quieting Title.—Plaintiff, by a Verbal Contract with Defendant, agreed to convey certain lands to him within five years on the payment of a certain sum. Defendant went into possession, and made improvements. Held, in an action to quiet title, that equity would require plaintiff to convey on payment of the amount due within a specified time, in default of which his title would be quieted.1</p> <p>Costs on Appeal from Two Improper Judgments which, if enforced, would have cast heavy expense on the appellant, are properly chargeable to respondent.</p>