Secord v. Quigley

Citations

• 106 Cal. 149
• 39 P. 623
• 1895 Cal. LEXIS 582

Syllabus

<p>Appeal from Judgment—Review of Evidence.—Where an appeal is taken from the judgment alone, more than sixty days after its rendition, no question as to the sufficiency of the evidence can be considered.</p> <p>Quieting Title — Cross-complaint — Reformation of Decree in Partmton —Estoppel.—Where the defendant in an action to quiet title claims title under a wife to lands awarded in a decree in partition to the husband and wife jointly, and seeks by cross-complaint to reform the decree upon the ground of mistake and fraud, and that the decree should have awarded the lands to the wife alone, and the court finds that no fraud was practiced, and that the lands were the community property of the husband and wife, and that by mistake in the decree the land was set apart to them jointly, the cross-complainant cannot be heard to complain that the court had no power to reform the decree, nor of the fact that he was not awarded the full relief sought.</p>