Butler v. Stratton

Appellant sued to quiet title to Lot 27, Tract 393 in Glendale on the ground that in her lifetime Mary V. C. Stratton, herein referred to as Mary or decedent, had by her last will and testament devised such realty to appellant and that the will had been duly admitted to probate. As an affirmative defense respondent alleged that decedent had by grant deed dated August 1, 1945, conveyed the lot to her and she pleaded the conveyance in haeo verba. No affidavit denying the deed having been filed within 10 days as required by law (Code Civ. Proc., § 448), its genuineness and due execution were…