Bank of America of Calif. v. Slingerland

MORTON, J.,

pro tem.

Appellant brought this action to subject certain real property to the payment of a judgment

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of $3,000 against one F. W. Slingerland. It is alleged that the other defendants have no interest in the property; that although vested title appeared in the name of Michal D. Slingerland, he had no real interest or ownership in the property and that the legal title to the property was placed in his name for the purpose of defrauding appellant and preventing an execution upon the property under its judgment against defendant F. W. Slingerland. Respondent claiming ownership of the property through recorded deeds of Michal D. Slingerland and S. W. Irving, filed his answer on April 2, 1930, and a cross-complaint praying damages of $15,000 alleging that the

lis pendens

recorded by appellant giving notice of this action had prevented him from refinancing or selling his equity in the property. Respondent alleged the value of the property to be $30,000, which was denied by appellant. It was subject to a trust deed of $12,000 and a second trust deed of $1750, the first trust deed being in favor of appellant. On March 11, 1930, appellant entered a default under its trust deed and on June 13, 1930, pursuant to order of court respondent amended his cross-complaint to include injunctive relief against the trust deed foreclosure. He also sets forth that he and his family resided on the property. Appellant in his answer to the cross-complaint alleges that defendant S. W. Irving is a fictitious character; that the S. W. Irving grant deed to respondent was not executed on the date shown and further that he never owned any interest in the property. The affidavit of one H. C. Liehenberger, a state inheritance tax appraiser of the state of California, gives the reasonable cash market value of the entire property on June 4, 1930, as $18,400.

Appellant appeals from the temporary injunction granted respondent by the trial court enjoining foreclosure of its trust deed pending the trial of this action.

The issues presented by these pleadings place the title to the property in dispute, involve equitable relief, and raise a question as to damages. It is alleged by appellant that Michal D. Slingerland, S. W. Irving and respondent wrongfully claim an interest in the property, and he asks that it be decreed that F. W. Slingerland is the owner and that his interest be subjected to the judgment.