Patterson v. Southern Trust Co.

[413]

NOURSE, J.

Plaintiffs sued to quiet title to several separate tracts of land situated in the Antelope Valley, Los Angeles County. The amended complaint alleged that the plaintiffs had acquired title to their respective holdings through conveyances from the Southern Trust Company, the predecessor in interest of the Security Trust and Savings Bank. It was also alleged that in all the deeds of conveyance to these plaintiffs a reservation was inserted expressly excepting out of the conveyance all minerals and rights in relation thereto, including oil, petroleum, asphaltum, and like substances and the'right to mine, dig, or bore for the same. The theory of the complaint was that the reservation deteriorated the value of the plaintiffs’ holdings and the prayer was that the reservation be declared void and that the defendant be restrained from entering upon the property for any purposes under the reservation. The defendant Security Trust and Savings Bank filed its answer and cross-complaint setting up its title to the minerals and the right to remove them as found in this reservation contained in the deeds of conveyance, and asking for a declaratory judgment in its favor based upon this reservation. The trial was had before the court without a jury and resulted in a judgment in favor of the defendants on plaintiffs’ complaint and in favor of the defendant Security Trust and Savings Bank upon its cross-complaint. The court expressly found that the rights of the respective plaintiffs in the properties described were subject to the reservation contained in the deeds of conveyance. From this judgment the plaintiffs have appealed upon a typewritten record.

The grounds of appeal are variously stated under separate headings, but in fact present but one question and that is, may a grantee question his grantor’s title to his own benefit. The position of the appellants is that because under certain provisions of the Bank Act under which the respondent has been incorporated the holding of. real property for investment purposes is prohibited and the holding of mineral and oil rights is not expressly permitted; therefore, the appellants say, that the respondent acted beyond its power when it acquired these lands in the first instance, including the mineral rights, and that when it conveyed to the appellants it acted beyond its power in re

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