Legal Opinion

Odell v. Moss

California Supreme Court

Decided October 29, 1900No. Sec. No. 691PublishedCited by 51 opinions

APPEAL from a judgment of the Superior Court of San Joaquin County and from an order denying a new trial. Gr. W. Hicol, Judge presiding. The facts are stated in the opinion of the court.

1Opinion of the Court

THE COURT.

Appeal from a judgment in favor of the plaintiff and from an order denying defendant’s motion for new trial.

The suit was brought to quiet the plaintiff’s title to certain lands, consisting of a tract called the “Lindstrom tract” and an undivided interest in another tract. The defendant is an incompetent, and appears by guardian. The complaint is in the usual form. The case set up in the answer and cross-complaint is in effect that plaintiff’s title was derived from the defendant—who is her brother, and alleged -to have been of feeble intellect—by deed of date September 27, 1889; and…

2Cases cited5 opinions

  1. Brison v. BrisonCalifornia Supreme Court · 1888
  2. Dimond v. SandersonCalifornia Supreme Court · 1894
  3. Ross v. ConwayCalifornia Supreme Court · 1892
  4. Butler v. HylandCalifornia Supreme Court · 1891
  5. White v. WarrenCalifornia Supreme Court · 1898

3Cited by51 opinions

  1. In Re Estate of CoverCalifornia Supreme Court · 1922
  2. Herbert v. LankershimCalifornia Supreme Court · 1937
  3. Cox v. SchnerrCalifornia Supreme Court · 1916
  4. Helene Marceau Sidebotham v. W. L. Robison, Administrator of the Estate of Robert Sidebotham, Deceased, and Robert Sidebotham and James SidebothamCourt of Appeals for the Ninth Circuit · 1955
  5. Title Ins. and Trust Co. v. IngersollCalifornia Supreme Court · 1910

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