A. J. Nord v. Marvin Madison McIlroy

ROSS, District Judge.

I. Background

In 1933, one C. R. Bell gave to the Continental National Bank of Chicago, Illinois a deed to a one-half undivided interest in certain real property situate in Kern County, California. Although there is a dispute between the parties herein as to whether the conveyance was intended to be absolute or only of a security interest, the referee has found that the deed to the bank was by way of security only. In 1946, appellee herein acquired the other undivided one-half interest in the property and from that date remained in exclusive possession of the premises. In…