Metteer v. Smith

Defendant appeals from a judgment quieting the title of plaintiff to certain lands in Pacific Grove, Monterey County. There is no question respecting the sufficiency of the evidence to sustain the judgment, but certain rulings of the trial court are involved in this appeal. Plaintiff offered and the court admitted over the objection of defendant a part of the deposition of plaintiff taken prior to the trial. The part admitted was as follows: “Q. Have you ever sold or conveyed this property? A. No, sir.” Defendant’s objection properly presented the point that it was error to offer only a…