Doyle v. Hampton

This action was brought by plaintiff to have it adjudged that he is the owner of a lot of land in the Lewis Tract, Los Angeles County, that the defendants Hampton, Lewis, and Rich, have no interest therein, and that a certain judgment in favor of Lewis in an action brought by him against plaintiff and others, adjudging said Lewis to be the owner of said land, be declared void, because fraudulently obtained. The action is similar in character to that upheld in Parsons v. Weis, 144 Cal. 410, [77 P. 1007]. The defendants Lewis and Rich were duly served with summons, but failed to appear, and their defaults were duly entered. Defendant Hampton served and filed an answer and a cross-complaint, which were treated in the court below and are treated on this appeal as sufficiently presenting the defense that he purchased the land from Lewis in good faith and without notice of any fraud in the matter of the obtaining of *Page 731 said judgment, after such judgment had become final, and paid a valuable consideration therefor. Hampton's answer has at all times been treated as sufficiently denying the allegations of fraud in the matter of obtaining such judgment. The findings of the trial court were in favor of Hampton, both upon the allegations of fraud and upon the defense of a purchase in good faith for a valuable consideration, and judgment went in his favor declaring him to be the owner of the land. This is an appeal by plaintiff from the judgment and from an order denying his motion for a new trial.

1. The judgment in the action brought by Lewis against Doyle, the plaintiff here, was not void on its face. That action was one to quiet title, commenced May 19, 1899, against Doyle and many other persons, Lewis alleging in the verified complaint therein that he was the owner of a tract of land, including the lot in controversy, and seeking a judgment accordingly. Summons therein was issued on May 19, 1899, but this summons was defective as to Doyle, for the reason that his name was omitted from the specification of persons to whom it was directed, it being directed to all of the defendants except Doyle. This summons was returned and filed in court on July 12, 1899, accompanied by affidavits showing personal service on a large number of defendants, and the inability of the deponents to find other defendants, including Doyle. Upon these affidavits, and also the affidavit of Lewis, made July 11, 1899, which made a sufficient case for an order for service of summons by publication as against Doyle and other defendants, the affidavit of Lewis being filed July 14, 1899, the judge of the trial court on July 14, 1899, made an order that service of summons be made upon Doyle and others by publication for the requisite time in a daily newspaper published in the city of Los Angeles. There was no direction for mailing as to Doyle, his residence not being known. The register of actions in such case shows that an alias summons was issued on July 14, 1899, but this summons is missing from the judgment-roll and files. The judgment-roll does contain an affidavit of publication in full accord with the order of the court of an alias summons, a printed copy of which alias summons is attached to such affidavit. This printed copy shows the name of Doyle among the names of the persons to whom the summons was directed. Doyle failed to appear, *Page 732 and his default was regularly entered. The judgment, given January 20, 1900, and entered February 1, 1900, recites that proof of service on all of the defendants was duly shown, and that the default of defendant Doyle and other defendants had been duly entered. By the judgment it is substantially decreed that Lewis is the owner of the land in controversy, and that his title is quieted as against all the defendants.