(DOWNLOAD) "Mcmorris V. Pagano" by Fourth Appellate District District Court Of Appeal Of California # Book PDF Kindle ePub Free
eBook details
- Title: Mcmorris V. Pagano
- Author : Fourth Appellate District District Court Of Appeal Of California
- Release Date : January 23, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
In 1919 one E. P. Smith held title to the south 87 1/2 feet of lots 17 to 20, inclusive, in block 6, Orchard Hill Addition to the city of Fresno. He deeded the north 37 1/2 feet of the south 87 1/2 feet of those lots to his wife, Anna Smith, and she deeded her interest in the south 50 feet of the said lots to him. Thereafter, in 1920, Mr. Smith deeded the south 50 feet of lots 17 to 20, inclusive, excepting the east 10 feet of the south 50 feet of lot 17 to Marietta Coleman, who subsequently, in 1925, deeded the same property with the same exception to one J. I. Tucker, who in 1935 deeded it with the same exception to Delfina Pagano, one of the defendants and appellants herein. It is apparent that in excepting the east 10 feet of the south 50 feet of lot 17 and retaining title to it, Smith apparently intended that the 10 foot strip would afford his wife a means of ingress to and egress from the main alleyway in block 6 to the rear of her property which he had previously deeded to her. Anna Smith sold the north 37 1/2 feet of the south 87 1/2 feet of lots 17 to 20, and it went through various hands until 1926 when plaintiff Grace McMorris bought the Anna Smith property with the house and garage located upon it which were and still are in the same position. The garage faces south toward the alley and it can be entered only by means of the ten-foot strip. However, plaintiff's property does face on a public street. Other houses to the north, south and back of her property were so closely adjacent to her house as to hem her in and precluded her from maintaining the driveway to her garage on either side of the house. Plaintiff was given to understand by the real estate agent selling the property for the owner that the ten-foot passageway was for plaintiff's use. She and her predecessors in interest used the right of way from 1920 to 1942 as a mode of ingress and egress to and from the garage located on the rear of her property. In the meantime the taxes on the ten-foot strip had gone delinquent, unknown to plaintiff. On March 8, 1942, defendant Delfina Pagano purchased the tax deed to it for $10 and deeded it to her daughter, defendant Margaret Pagano, who in turn deeded it to Manuel Penheiro, who deeded the strip back to Delfina Pagano sometime before this suit was instituted. About March 18,
 "Mcmorris V. Pagano" by Fourth Appellate District District Court Of Appeal Of California # Book PDF Kindle ePub Free){kind=link}