Smith v. Carey

Claiming under pre-1951 joint tenancy deeds to herself and her deceased husband, plaintiff sought to quiet title. Defendant is the daughter of the decedent by an earlier marriage. Her answer pleaded in full a 1953 deed from her father to her. Plaintiff did not file an affidavit denying “genuineness and due execution’’ of the 1953 deed (Code Civ. Proc., § 448). Plaintiff’s pretrial statement asserted that an issue for trial was whether the 1953 deed to defendant was “effectively delivered by [decedent] to defendant with intent to pass any title”. Defendant’s pretrial statement asserted that…