List v. Sandell

KLETTE, J., pro tem.

This is an appeal taken by intervener, The People of the State of California, from a judgment of the Superior Court of Kings County, in favor of

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plaintiff Charles W. List and against defendant V. I. Sandell, and intervener.

The action was brought by plaintiff, Charles W. List, against defendant, V. I. Sandell, to have the court determine that plaintiff was the owner, and entitled to a one-sixth interest in a certain crop of grain, or a one-sixth interest in the reasonable value thereof. Defendant appeared by answer, disclaiming any title or claim thereto, and admitted he was willing to deliver, or pay, to such person as the court might direct. The People of the State of California, after leave obtained, filed a complaint in intervention, alleging that they were entitled to the property, or money, in question.

It was stipulated between all the parties, that the onesixth of the proceeds of the crop then sold, should be deposited with the clerk of the court, and that one-sixth of the remainder of the crop should be sold by defendant, at the best price obtainable, and the money deposited with the clerk. This was done, and the total money now in the hands of the clerk is $974.73, which is the subject of this action.

A trial was had upon stipulated facts which show: That plaintiff is, and was at all times since 1929, the owner of certain real property described in the complaint, excepting during that time that the title thereof was held by the State of California; that on June 26, 1937, the property was deeded to the State of California, by the tax collector of Kings County, by reason of nonpayment of taxes, theretofore duly levied thereon; that on September 29, 1938, the State Controller executed a written lease upon said real property, for the crop year of 1938-1939, to the defendant, for a cash rental of $82, and one-sixth of the grain to be grown thereon; that on May 25, 1939, there was growing, and immature, on said real property, a crop of grain, planted by defendant; that on May 25, 1939, plaintiff redeemed said property, by paying the full amount of all taxes due thereon, and in accordance with law, there was executed and delivered to plaintiff, a certificate of redemption of said real property, by the county treasurer; that at all times subsequent to May 25, 1939, plaintiff was, and is now, the legal owner of said real property, and in possession thereof; that the crop of grain growing on said real property was harvested by defendant between June 15, and July 15, .1939.