Garibaldi v. Garibaldi

Two brothers, Henry Garibaldi and Clarence Garibaldi, and their sister, Elvira Levaggi, each owned an undivided one-third interest in common in approximately 1,500 acres of contiguous mountain land containing trees suitable for lumbering. Clarence Garibaldi wished to avail himself of the value of his share of the products from the property, and, without notifying his brother and sister, he made two contracts with Rowland Morris by which he purported to sell his timber rights in El Dorado County on sections 1 and 12, township 8 north, range 12 east, M.D.B.&M. These contracts, one dated in…