Berendsen v. McIver

In an action to reform a deed and to quiet title, defendant appeals from a judgment in favor of plaintiff.

Questions Presented

1. Sufficiency of the evidence.

2. Sufficiency of complaint.

3. Is the action barred by section 338, subdivision 4, and section 353, Code of Civil Procedure?

4. Admission of oral testimony.

5. Was administrator incompetent to testify?

Facts

In 1945, Andrew P. Berendsen, who died June 13, 1948, and Hugh Alexander Meíver, who died November 27, 1950, were business partners. In a deed delivered sometime in July, 1945, and recorded August 7, 1945, they were named as joint tenant…