Gagossian v. Arakelian

KERRIGAN, J.

A demurrer to the complaint was overruled. The case was dismissed as to all the defendants except Harry Arakelian. After trial the judgment went against him in favor of the plaintiff. This appeal is from the judgment on the judgment-roll.

Plaintiff alleges, and the court found, that on June 26, 1905, S. A. Gagossian was the owner of a certificate of membership No. 67 issued by the Grocers’ Winery and Distillery Association of Parlier, a corporation organized under the co-operative incorporation laws of California; that on said day he sold, assigned and conveyed all his right, title and interest in said certificate of membership to the plaintiff, who ever since has been and now is the owner thereof.

The complaint also alleges, and the court found, that on November 20, 1905, John Arakelian recovered a judgment for a substantial sum against S. A.

Gagossian;

that thereafter, an execution having been issued and levied on this certificate No. 67, it was sold, and the sheriff executed a certificate of sale of the interest of S. A. Gagossian to the purchaser Harry Arakelian, and notified the corporation that the latter was the owner and entitled to the possession of said certificate; that by reason of these facts Harry Arakelian has prevented, and still prevents, the issuance of a new certificate of membership by the said corporation to said plaintiff. The prayer of t'he complaint is as follows: “Wherefore plaintiff prays for the judgment of this court determining the title to the said certificate, and adjudging that the said certificate No. 67 ... is the property of this plaintiff, and that the said defend

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ant Harry Arakelian has no estate, right, title or interest in or to the said certificate of membership.”

Appellant contends that this is an attempt to maintain an action to quiet title to personal property; that such an action is not authorized under the practice in this state (Code Civ. Proc., sec. 738;

Fudickar

v.

East Riverside Irr. Dist.,