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166 Cal. 780

Moyer v. De Witt

California Supreme Court

Decided October 3, 1913

California Supreme Court · decided 1913-10-03

<p>APPEAL from a judgment of the Superior Court of Los Angeles County and from an order refusing a new trial. Frank G. Finlayson, Judge.</p> <p>The facts are similar to those stated in the opinion in Moyer v. Wilson, ante, p. 261.</p>

Decided 1913-10-03

THE COURT.

¶1Action to quiet title to several parcels of land in the county of Los Angeles. The defendant De Witt answered, asserting ownership of one of the tracts. The court found that he was the owner of said tract, and entered judgment in his favor. The plaintiff appeals from the judgment, and from an order denying his motion for a new trial.

¶2The appeal from the judgment was taken more than six months after entry, and cannot, therefore, be considered. On the other appeal, the facts are, in all material respects, precisely similar to those presented in Moyer v. Wilson (L. A. No. 3083), ante, p. 261, [135 Pac. 1125], just decided, and for the reasons there stated, the order must be upheld.

¶3The appeal from the judgment is dismissed.

¶4The order denying a new trial is affirmed.

¶5Rehearing denied.

¶6Beatty, C. J., dissented from the order denying a rehearing.

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