C. Scheerer & Co. v. Hutton

ALLEN, P. J.

Petition for a writ of mandate.

It appears from the record that the city of Los Angeles instituted a proceeding for. the condemnation of certain property for public use; that the defendants in said action waived a jury; that thereupon the court appointed three disinterested persons referees to ascertain the compensation to be paid to such defendants; that such referees made their report to the court, from which it appears that in a certain tract of land sought to be condemned in the action petitioner had an interest by virtue of a certain lease therein, which leasehold was of the value of $300 and to that amount the lessees were entitled to compensation; that the total compensation proper to be paid to certain other defendants, own

[526]

ers of the fee in the premises affected by such leasehold, was $6,441.85. After the coming in of said report, and within due time, one of the owners of the fee in the tract above mentioned filed his exceptions to the report of the referees upon the ground that the party so filing his exceptions was the owner in his own right of all of the fee, and that the other parties named therein had no interest, and that it was not true that petitioner herein, or any other person, had any interest in the leasehold, or otherwise in the property described, and, further, that the amount of compensation awarded was not just compensation. Notice that such exceptions had been filed was duly given to all of the parties interested, and thereafter the court proceeded, under section 11 of the act of March 24, 1903, to, hear such exceptions, and upon such hearing made its order modifying the report of the referees by striking out the compensation to be paid petitioner herein, and allowing the same to be paid to the owner of the fee, and thereupon entered its interlocutory judgment, setting forth that from the evidence introduced at the hearing of the report and the exceptions thereto the said report should be modified, and adjudged and decreed that the same be modified iu certain respects, among which were, that petitioner is nut entitled to receive any compensation as the owner and holder of a leasehold interest in the property, or any portion thereof, sought to be condemned, and that the compensation allowed petitioner as the owner and holder of a leasehold interest should be awarded to the owner in fee, and that said owner in fee is entitled to receive said compensation awarded to said petitioner, making an aggregate amount to the owner of the fee of $6,741.85; and further decreeing that petitioner is not entitled to receive any compensation in said action.