Madden v. Alpha Hardware & Supply Co.

PEEK, J.

Plaintiffs sought to quiet title to certain prop-

erty in the town of Allegheny, Sierra County, alleging ownership, possession for more than 20 years and payment of taxes for 10 years. (Code Civ. Proc., §§ 738, 749, 749.1.) Defendants denied generally the allegations of the complaint, and by way of cross-complaint sought to quiet their title to the property under the provisions of said code sections. Prom the judgment which was entered in favor of plaintiffs and from the order denying their motion for a new trial, the defendant Alpha Hardware and Supply Company, a corporation, alone has appealed.

Two contentions are made by appellant, neither of which appears to be well founded; (1) that plaintiffs are not entitled to maintain the action, and (2) that appellant is entitled to a judgment quieting its title by adverse possession.

Viewing the record as we must in support of the judgment, it appears that plaintiffs purchased the land which was known as the Greenback property in 1950 from Alvin C. Gay and wife, who in turn had purchased the same in 1946 from Clayton and Gladys Johnson, whose title dates back to 1913. When

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plaintiffs and the Gays purchased the property, they were cognizant of a service station located thereon which was being operated by employees of the store located directly across the street. However it was their understanding that the possession and operation of the station were permissive in that the owners of the land had allowed the same to be so used as a pub-lice service to the small community of Allegheny. Neither plaintiffs nor their predecessors ever made inquiry of the store operators as to claim of ownership. This dispute concerns only that portion of the land upon which the station is situated.

The station was originally established by one Hawkins with the permission of the Johnsons. Hawkins died in 1938 and the defendant Cassidy was appointed administrator of his estate. It is stated by plaintiffs in their brief and not denied by appellant that the property in question was not listed as an asset of the estate in the inventory filed by Cassidy. Thereafter Cassidy and the Hawkins heirs caused the incorporation of the Raymond Patrick Hawkins Company, with Cassidy acting as president, and one month later the personal property of the estate, including the gasoline pumps, fixtures and merchandise, was sold to that corporation which continued to operate the store and service station. In 1945 the name of the Hawkins Company was changed to the Alpha Sierra Company, and Cassidy continued in the capacity of president. Also in 1945, after negotiations by Cassidy, two deeds from Hawkins’ heirs to the appellant were recorded, purporting to convey the real property therein described “being all of the interest acquired by First Parties by decree of final distribution” in the Hawkins estate.