Gerken v. Davidson Grocery Co.

This is a suit to quiet title to certain real property. The original owners, Eugene G. Gauss and Lydia M. Gauss, husband and wife, incumbered the property by the execution of three mortgages, respectively, to Equitable Savings & Loan Association on August 25, 1919, W. A. Heiss, October 1, 1919, Davidson Grocery Company, June 24, 1923. On February 25, 1925, the mortgagors conveyed the property by quitclaim deed to Glen Gerken, husband. then and at all times since of Mable R. Gerken, plaintiff, and respondent herein: deed was recorded March 2, 1925.

Neither Gerken nor his wife ever assumed the…