Ybarra v. Sylvany

Citations

• 3 Cal. Unrep. 749
• 31 P. 1114
• 1893 Cal. LEXIS 987

Syllabus

<p>Quieting Title—Finding of Fact or of Law.—In an action to quiet title, a finding that plaintiff is the owner in fee and entitled to the possession of the described parcel of land is a finding of an ultimate fact, and not a conclusion of law.</p> <p>Quieting Title—Pleading Bar to Action.—Where defendant pleads that the action is barred by certain specified sections of the Code of Civil Procedure, a finding that plaintiff, at the time of commencing the action, was under the age of twenty-three years, and his cause of action is not barred by either of the sections pleaded, is sufficiently specific.</p> <p>Quieting Title—Capacity of Plaintiff—Findings.—Where defendant does not raise the objection that plaintiff has not legal capacity to sue, a finding that plaintiff was under twenty-three years of age at the time of commencing the action is not objectionable on the ground that he may have been under twenty-one years of age, and is sufficient.</p> <p>Quieting Title—Repayment of Money Paid Under Void Deed.— Where defendant claims under a void guardian’s deed, and sets up no claim for repayment of money paid, and it does not appear that he paid any for the land, a judgment quieting the title in plaintiff is not erroneous, though no tender of repayment is made.</p>