Fickeisen v. Peebler

KINCAID, J. pro tem.

The appeal of the defendants Byron and Ethel M. Peebler, taken herein is from the order made on January 14, 1946, granting plaintiff’s motion under section 473, Code of Civil Procedure, to vacate judgment, set aside the default, add new defendants and have summons issue. The action out of which such motion arises is one of a succession in the litigious history of a small cemetery known as Olive Lawn Memorial Park located near Norwalk, California.

(Graceland

v.

Peebler

(1942), 50 Cal.App.2d 545 [123 P.2d 527];

Peebler

v.

Olds

(1942), 56 Cal.App.2d 8 [132 P.2d 233] ;

Peebler

v.

Olds

.(1942), 56 Cal.App.2d 13 [132 P.2d 236] ;

Olds

v.

Peebler

(1944), 66 Cal.App.2d 76 [151 P.2d 901] ;

Peebler

v.

Olds

(1945), 71 Cal.App.2d 382 [162 P.2d 953];

Peebler

v.

Olds

(1946), 28 Cal.2d 402 [170 P.2d 1].)

The plaintiff herein, in the capacity of trustee in bankruptcy of Graceland, a corporation, brought this suit against

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defendants for an accounting and to quiet title, claiming the ownership in the corporation of such cemetery property. The defendants Feebler answered, denying all allegations as to plaintiff’s claim of right or title therein and set up numerous affirmative defenses terminating with a prayer that plaintiff take nothing and for the 'affirmative relief that it be adjudicated that Graceland has no right, title or interest whatsoever in or to the real property described in the complaint.