v0823-271

Table of Contents.

page

Statement and refutation of certain unwarranted

assumptions of appellant 3

This is not a suit to set aside judgment foreclosing

Davis certificate 9

Contentions of appellees stated 15

Points, authorities and argument 18

Federal courts are controlled by state statutes and

the decisions of highest court of state as to

questions affecting title to real property, as

well as validity and effect of decrees and judg-

ments affecting title to real property 18

Bill is without equity, makes a collateral attack on

the judgment in People v. Davis, contains no

showing of a meritorious defense, and fails

to state any ground entitling appellant to

equitable relief 28

Appellant is barred by the laches of his predecessor

in interest and the statutes of limitation of

California 43

The judgment foreclosing the Davis certificate was

rendered nineteen years, and Gilman and the

other claimants of that certificate acquired

actual notice of its rendition and of all as-

serted defects in the proceedings more than

eleven years, before the institution of this suit 44

Unavailing efforts to obtain relief by a resort to

improper remedies constitute no excuse for

appellant's laches 59

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archive.org Volume Name: govuscourtsca9briefs0823

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