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News & Press: Court Cases

Joint Tenancy: Walters v. Boosinger

Tuesday, September 20, 2016  
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Plaintiff alleged that a deed was void because the grantor was incapacitated (too drunk to know what he was doing) at the time he signed it. The trial court ruled that an action to set aside an allegedly void agreement is not subject to a statute of limitations and may be brought at any time. The appellate court reversed, holding that the statute of limitations applies to void, as well as voidable deeds and that this action was barred by C.C.P. Section 338(d), which provides a three-year statute of limitation for an action for relief on the ground of fraud or mistake. The court also held that an action by one joint tenant against the other challenging the validity of the deed does not sever the joint tenancy.

Cal.App. 4th Dist., Div. 1 (D069255) 8/12/16


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