Logan v. Richards
Logan v. Richards
Opinion of the Court
This is an action to quiet title of appellants in and to certain real property situated in Daly City, San Mateo County, California. The complaint contains the usual allegations in an action to quiet title and in addition some six separate counts in which practically all of the probative facts are also alleged. In the answer of ^respondents it is alleged that John Vernon Richards is the owner of the property and therein the allegations as to the probative facts set forth in the complaint are specifically denied. The trial court found against the appellants on the allegations of the complaint and in favor of John Vernon Richards and entered judgment quieting the latter’s title to the property. It is from this judgment that the appeal is taken.
The negotiations for the purchase of the property involved were carried on by Ellen Logan, wife of Michael Logan, the mother of respondents by a former marriage. Ellen Logan died on May 27, 1935, and on March 9, 1937, appellant Anna Nieri was appointed administratrix of her estate by the superior court in and for the city and county of San Francisco, and she duly qualified as such. The deed was taken in the
The first of these deeds was one executed and delivered to respondent John by his mother, on August 31, 1931, conveying to him the property. Michael M. Logan was not named as a party in this deed, but be signed and acknowledged it. The other deed was one by appellant Michael M. Logan, dated June 1, 1935, and acknowledged June 3, 1935. There were at least two other deeds involved and also a lease. This lease was from respondent John to appellant Michael. It was for the term of Michael’s life and the rental was one dollar per year.
In view of the findings of the trial court, it is not deemed necessary to notice particularly the two last-mentioned deeds or to discuss the controversy arising concerning them. The question of the consideration for this lease was involved, respondents contending that this consideration had failed. The court found specifically in accordance with the contention of respondents. Also, at the trial appellant Michael M. Logan testified that he was not claiming any title under the lease.
The evidence was sharply conflicting. These conflicts were resolved in favor of respondents, the court having found in favor of respondents upon all of the issues raised by the pleadings. Unless the conclusions reached by the trial court were erroneous or there were errors in the admission or rejection of evidence which were prejudicial to the rights of appellants, this court is without authority to disturb the conclusions reached by the trial court. It is the contention of appellants that the court erred prejudicially in rejecting proffered evidence on behalf of appellants that in a prior action in which respondent John Richards was plaintiff his complaint omitted all mention or reference to a deed which he claims- was delivered to him by Michael Logan on June 3, 1935. We do not find it necessary to determine whether it was erroneous for the court to reject this proffered evidence.
In relation to the contention of appellants respecting the other deeds which we have deemed it unnecessary to specifically mention, these contentions are based upon appellants’ view of the evidence favoring these contentions. However, as the trial court found upon conflicting evidence contrary to appellants’ position respecting the effect of these deeds, their contention cannot be sustained.
The trial court having made its findings of fact and conclusions of law upon conflicting evidence; the conclusions reached by the trial court being found to be supported by the evidence; and there appearing no error resulting in prejudice to the rights of appellants, it is ordered that the judgment be, and it is hereby affirmed.
Tuttle, J., and Thompson, Acting P. J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.