Davis v. Stewart

This is the second appeal by the defendant Stewart in the above entitled action. The first appeal terminated in the decision entitled Davis v. Stewart, 31 Cal. App. (2d) 574 [88 P. (2d) 734], On the second trial many items of evidence were introduced. The issues made by the complaint, the answer, and the replication thereto were tried and copious findings were made thereon. No finding is now attacked but the defendant relies on the doctrine of “the law of the case.”

The property is located a short distance south of the city of San Rafael in Marin county. It is across from and slightly north…