Daniels v. Baldwin

Plaintiff sued in equity to quiet title to certain real property and to money held by the defendant Harney as special administrator of the estate of Shull H. Daniels. The controversy is of long standing and on a former appeal this court held that the money involved herein rightfully belonged to Jennie Daniels. (Daniels v. Harney, 111 Cal. App. 2d 400 [244 P.2d 773].) Subsequent litigation in the trial court prevented the disposition of the funds, and the second cause of action herein was brought to seek another judgment determining the ownership of such funds. The cause was tried before the court without a jury and resulted in a judgment for the plaintiffs on both causes of action. When the case was called for trial on the day regularly set for that purpose the defendants failed to appear although proper notice to them had been given. The evidence covering the first cause of action consisted of a joint tenancy deed by which the plaintiff Daniels and her deceased husband held title to the realty as joint tenants. Proof of the death of the cotenant and of the sole and exclusive possession of the realty by the widow was duly made. No further proof was necessary to support the judgment on that cause of action.