Peixouto v. Peixouto

This action was brought to quiet title to certain land in the county of Alameda. The defendant, F. A. Peixouto, filed an answer and cross-complaint in which he set up an oral contract between the plaintiff’s grantor and himself by which the plaintiff’s grantor agreed to convey to defendant a small portion of the land to which plaintiff sought to quiet his title. The facts set up in the answer and cross-complaint are substantially as follows: That the plaintiff and defendant F. A. Peixouto are brothers; that Frank A. Peixouto, Sr., is the father of the plaintiff and said de fendant; that in.…