Title Guarantee & Trust Co. v. Henry

The judgment is reversed. Enough of the facts and the principles applicable thereto to show the propriety of this conclusion will now be set forth.

Plaintiff sued defendants to cancel a certain outstanding instrument, purporting to be a contract of sale and purchase, made by it with defendant Henry under date of February 1, 1923, affecting the title to certain lots in Los Angeles known as Nos. 188 and 189 of tract 2189 of Pellissier Square, as per the official map thereof. The complaint was in two counts, the first in the ordinary form of an action to quiet title and the second attaching…