Fickeisen v. Peebler

SHINN, P. J.

H. C. Fickeisen, as trustee in bankruptcy of Graceland, a corporation, by his amended complaint sought to quiet his title as trustee and that of the corporation to 5 acres of land in the county of Los Angeles which, with other land, is devoted to cemetery use. Defendants, Byron Feebler, Ethel M. Feebler, James Danziger, Edith W. Danziger, George W. Archer and A. F. Hutchinson, filed their answers denying plaintiff’s allegation of title and asserting their own title to, or interests in, the land. The cemetery project was undertaken some time prior to 1923 and certain of the parties who were interested in it have carried on litigation, arising out of their association, which has been before the District Courts of Appeal and the Supreme Court upon eight previous occasions.

The following facts were established by the evidence: On November 9, 1926, Graceland conveyed the property in question by quitclaim deed to Wake Development Company, a corporation; on August 6, 1929, Wake Development Company by quitclaim deed conveyed the land to B. C. Olds; on February 14, 1938, Olds entered into a partnership agreement with Byron Feebler and Ethel M. Feebler for the improvement of the property and operation of a cemetery business thereon, it being agreed that the Feeblers were acquiring a half interest in the property from Olds. The partnership having been dissolved, the Feeblers, through purchase at a judicial sale, acquired all the interest of the partnership in said property and have continued to own the same; the property, together with adjoining property owned by Edith Wake Danziger, has been operated as a cemetery under the management of defendant, A. F. Hutchinson who claims title to certain burial lots by conveyences from Graceland on August 11,1924. The present action was instituted January 17,1945. Edith W. Danziger by her answer claims title to an office building located on the premises and approximately 3,000 burial lots within the cemetery, presumably included within the land described in her answer as “all that portion of Section ‘A’ of Graceland and Graceland Mausoleum Park, recorded in file

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474, Bee

[323]

ords of Los Angeles County, lying southerly of a line produced through the south line of lots 38, 103, 154, 203, 244, 285 and 341 to its intersection with the easterly and westerly boundary of said section ‘A.’ ” Her answer alleged that she became the owner of this parcel by deed from Mary Belle Utterback, dated January 9, 1948, and filed for record with the County Recorder of Los Angeles County on January 9, 1948. In addition to denying the title of plaintiff, the answer of the Peeblers set up nine separate affirmative defenses. Among these was a plea of the statute of limitations; another was a plea of laches; and still another, a plea of another action pending which involved the same subject matter. The court found, among other things, that Graeeland was not seised or possessed of the property in question within five years before the commencement of the action, that plaintiff’s asserted cause of action was barred by unreasonable delay in asserting Graceland’s rights, and that the issues in the ease had been determined and adjudicated against Graeeland in another action. There were numerous other findings adverse to plaintiff which need not be recited or discussed. The findings and judgment declared that neither plaintiff, as trustee, nor Graeeland, nor Edith W. Danziger, had any right, title or interest in the property, and that defendant Danziger did not own the office building. The judgment is not questioned insofar as it declares the rights of George W. Archer and A. F. Hutchinson.